Robinson v. Lewis

Filing 44

ORDER signed by Magistrate Judge Allison Claire on 09/21/20 ORDERING that Assistant Federal Defenders David Harshaw and Carolyn M. Wiggin are appointed to represent petitioner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIUS M. ROBINSON,

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No. 2:13-cv-0604 WBS AC P

Petitioner,
v.

ORDER

G.W. LEWIS,

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Respondent.

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This habeas corpus case is before the court on remand from the Ninth Circuit.

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Petitioner, who is currently incarcerated at the Pelican Bay State Prison, filed an

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application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. This court

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recommended granting respondent’s motion to dismiss (ECF No. 29), and the district court

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subsequently adopted the recommendation (ECF No. 34). The district court issued a certificate of

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appealability to the question of whether petitioner was entitled to gap tolling for the 66-day

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interval between the Superior Court’s denial of habeas relief and his filing of a new petition in the

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California Court of Appeal. ECF No. 34 at 2.

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Petitioner timely appealed the district court’s decision. ECF No. 36. On appeal, David

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Harshaw was appointed as petitioner’s counsel (see ECF No. 40), and on August 24, 2020, the

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Ninth Circuit issued a memorandum reversing and remanding the district court’s order in this

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case (ECF No. 42).
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The court now sua sponte appoints counsel to continue petitioner’s representation on

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remand. Although there is no absolute right to appointment of counsel in habeas proceedings, see

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Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996), appointment of counsel is warranted “if the

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interests of justice so require.” See 18 U.S.C. § 3006A(a)(2)(B). In the present case, the court

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finds that the interests of justice would be served by appointment of counsel at this time.

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Accordingly, IT IS HEREBY ORDERED that Assistant Federal Defenders David
Harshaw and Carolyn M. Wiggin are appointed to represent petitioner.

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IT IS SO ORDERED.

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DATED: September 21, 2020

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