Rodriguez v. Gipson

Filing 21

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/15/2013 ORDERING that respondent's 8 motion to dismiss is VACATED without prejudice to its renewal as appropriate; the Federal Defender is APPOINTED to represent petitioner; the Clerk shall serve a copy of the petition and this order on David M. Porter, Assistant FD ; within 60 days, petitioner, through counsel, shall file and serve an amended petition; and respondent shall file and serve a response within 60 days of being served the amended petition.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS AMPARAN RODRIGUEZ,

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No. 2:12-cv-2260 TLN GGH P

Petitioner,
v.

ORDER

C. GIPSON, Warden,
Respondent.

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Presently before the court is respondent’s November 16, 2012 motion to dismiss based on
petitioner’s failure to exhaust one of four claims.

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In light of the length of petitioner’s sentence, the complexity and significance of the legal

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issues, and petitioner’s unfamiliarity with the English language, 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 ORDERED that:

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1. Respondent’s motion to dismiss, filed November 16, 2012, (ECF No. 8), is vacated

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without prejudice to its renewal as appropriate.

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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

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David Porter, Assistant Federal Defender.
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4. Within sixty days of this order, petitioner, through counsel, shall file and serve an
amended petition.
5. Respondent shall file and serve a response within sixty days of being served with an

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amended petition.

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Dated: October 15, 2013

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Rodr2260.appt

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