Broadbent v. Martel

Filing 21

ORDER signed by Magistrate Judge Craig M. Kellison on 12/2/11 ORDERING that respondents 20 request to withdraw his motion to dismiss is GRANTED; the Clerk of the Court is directed to terminate respondents motion to dismiss 13 as a pending motion on the courts docket; Petitioners motion for appointment of counsel 14 is DENIED without prejudice; Respondent shall file an answer to the petition, consistent with the requirements of the courts July 27, 2011, order, within 60 days of the date of this order; and Petitioners traverse shall be filed within 30 days of service of respondents answer. (Dillon, 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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JAMUAL BROADBENT,

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Petitioner,

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No. CIV S-11-1711-JAM-CMK-P

vs.

ORDER

M. MARTEL,

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Respondent.

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/

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court are: (1) petitioner’s

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motion for the appointment of counsel (Doc. 14); and (2) respondent’s motion to dismiss (Doc.

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13).

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Turning first to respondent’s motion to dismiss, respondent has filed a request to
withdraw the motion and to set a briefing schedule. That request will be granted.

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Turning next to petitioner’s motion for the appointment of counsel, on October 6

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2011, the court issued an order deferring ruling on the motion until after petitioner filed a pro se

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response to respondent’s motion to dismiss, which he did on October 24, 2011. Given that the

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motion to dismiss is withdrawn, the interests of justice do not require the appointment of counsel
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to assist petitioner in responding to the issues raised in respondent’s motion. See Rule 8(c), Fed.

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R. Governing § 2254 Cases. Petitioner’s motion for appointment of counsel will be denied

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without prejudice to renewal, at the earliest, after an answer to the petition has been filed.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Respondent’s request to withdraw his motion to dismiss is granted;

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2.

The Clerk of the Court is directed to terminate respondent’s motion to

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dismiss (Doc. 13) as a pending motion on the court’s docket;

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3.

Petitioner’s motion for appointment of counsel (Doc. 14) is denied without

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Respondent shall file an answer to the petition, consistent with the

prejudice;

requirements of the court’s July 27, 2011, order, within 60 days of the date of this order; and
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Petitioner’s traverse shall be filed within 30 days of service of

respondent’s answer.

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DATED: December 2, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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