Mackey v. Knipp

Filing 33

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/24/13 ordering the Federal Defender is appointed to represent petitioner for purposes of opposing the pending motion to dismiss. The clerk of the court is directed to serve a copy of this ord er on David Porter, Assistant Federal Defender. Within 60 days of this order, counsel for petitioner shall file an amended opposition to defendant's 07/27/12 motion to dismiss. Any reply to petitioner's amended opposition shall be filed within 30 days of petitioner's amended opposition. (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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ANDREW L. MACKEY,

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Petitioner,

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vs.

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No. 2:12-cv-1245 LKK CKD P

WARDEN KNIPP,

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ORDER

Respondent.

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/

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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. In light of the complexity of

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the legal issues involved, the court has determined that the interests of justice require

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appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d

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952, 954 (9th Cir. 1983).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Federal Defender is appointed to represent petitioner for purposes of

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opposing the pending motion to dismiss.

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2. The Clerk of the Court is directed to serve a copy of this order on David Porter,

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Assistant Federal Defender.

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3. Within 60 days of this order, counsel for petitioner shall file an amended

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opposition to defendant’s July 27, 2012 motion to dismiss. The court expects that counsel for

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petitioner will present evidence concerning petitioner’s mental condition in an attempt to

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establish a basis for equitable tolling of the limitations period applicable to this action. Any such

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evidence shall be included with petitioner’s amended opposition. If counsel for petitioner

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believes that evidence supporting equitable tolling can only be presented through an evidentiary

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hearing or that it would be more expedient to present evidence via an evidentiary hearing,

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counsel for petitioner is free to file a motion for an evidentiary hearing with his amended

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opposition.

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4. Any reply to petitioner’s amended opposition shall be filed within 30 days of
petitioner’s amended opposition.
Dated: January 24, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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