Bunn v. Lopez et al

Filing 27

ORDER signed by Magistrate Judge Dale A. Drozd on 08/24/12 granting 25 Motion to Appoint Counsel. The federal defender is appointed to represent petitioner. The clerk of the court is directed to serve a copy of the petition and this order on Caro lyn Wiggin, Assistant Federal Defender. A status conference is set for 10/12/12 at 10:00 a.m. in courtroom 27. All parties shall appear at the status conference by counsel. 14 days prior to the conference, the parties shall file and serve status reports. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD THOMAS BUNN, JR.,

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Petitioner,

No. 2:11-cv-1373 MCE DAD P

vs.
RAUL LOPEZ,

ORDER

Respondent.
/
Petitioner is a state prisoner proceeding pro se and in forma pauperis with an

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application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 15, 2012,

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petitioner filed a request for the appointment of counsel. Therein, he explains that he may wish

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to return to state court to exhaust a claim based on the recent decision of the United States

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Supreme Court in Miller v. Alabama, ___ U.S. ___, 132 S. Ct. 2455 (2012). In light of the

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complexity of the legal issues potentially involved in this case, the court has determined that the

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interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also

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Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s August 15, 2012 motion for the appointment of counsel is granted;

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2. The Federal Defender is appointed to represent petitioner.
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3. The Clerk of the Court is directed to serve a copy of the petition and this order
on Carolyn Wiggin, Assistant Federal Defender.

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4. Petitioner’s counsel shall contact the Clerk’s Office to make arrangements for
copies of documents in the file.

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5. A status conference is set for October 12, 2012, at 10:00 a.m. in Courtroom
#27.

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6. All parties shall appear at the status conference by counsel.

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7. Fourteen days prior to the conference, the parties shall file and serve status

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reports which address the timing and order of the following matters:

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a. Discovery and investigations;

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b. Anticipated motions;

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c. The need for and timing of an evidentiary hearing;

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d. Enumeration and resolution of unexhausted claims; and

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e. Possible future amendments to the pleadings.

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The parties are advised that failure to timely file a status report may result in sanctions.

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DATED: August 24, 2012.

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DAD:8
bunn1373.sc

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