Ortega v. Gipson

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 12/09/14 granting 28 Motion to Withdraw as Attorney. The clerk of the court is directed to serve a copy of this order on Ms. Allen, nka Ms. Hoveland and petitioner, and to change the docket to reflect petitioner's address as follows: Victor Anthony Ortega AD-3617, Corcoran State Prison, PO Box 3481, Corcoran, CA 93212-8309. Petitioner's request for appointment of counsel 29 is denied without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR ANTHONY ORTEGA,

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Petitioner,

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No. 2:13-cv-1913 KJM KJN P

v.

ORDER

CONNIE GIPSON,

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Respondent.

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Petitioner is a state prisoner who filed a pro se petition for writ of habeas corpus. On

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November 1, 2013, petitioner’s motion for stay was granted. On February 21, 2014, petitioner,

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through counsel, filed a motion to lift the stay. The stay was lifted, and on June 2, 2014,

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respondent filed an answer, and on September 2, 2014, petitioner, again through counsel, filed a

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reply.
On October 28, 2014, counsel for petitioner filed a motion to withdraw as attorney, to

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which petitioner consented. Good cause appearing, counsel’s motion is granted.

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On November 3, 2014, plaintiff filed a motion for appointment of counsel. There

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currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v.

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Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the

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appointment of counsel at any stage of the case “if the interests of justice so require.”

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See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that

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the interests of justice would be served by the appointment of counsel at the present time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The motion to withdraw as attorney (ECF No. 28) is granted, and petitioner proceeds

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pro se;

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2. The Clerk of the Court is directed to serve a copy of this order on Ms. Allen, nka Ms.
Hoveland, and petitioner, and to change the docket to reflect petitioner’s address as follows:

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Victor Anthony Ortega
#AD3617
Corcoran State Prison
P.O. Box 3481
Corcoran, CA 93212-8309

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and
3. Petitioner’s request for appointment of counsel (ECF No. 29) is denied without

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prejudice.

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Dated: December 9, 2014

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/orte1913.110+

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