Villa v. Frauenheim

Filing 20

ORDER signed by Magistrate Judge Dale A. Drozd on 10/8/15 ORDERING that Counsels motion to withdraw as petitioners counsel of record (Doc. No. 13 ) is granted; Petitioners motion for appointment of counsel (Doc. No. 11 ) is granted; The Federal D efender is appointed to represent petitioner; The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment; and Petitioners counsel shall contact the Clerks Office to make arrangements to obtain copies of documents in the file if necessary.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERARDO VILLA, SR.,

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Petitioner,

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No. 2:14-cv-1849 TLN DAD P

v.

ORDER

SCOTT FRAUENHEIM, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding through counsel with an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. This matter is currently stayed pending petitioner’s

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exhaustion of his habeas corpus claims with the California Supreme Court. Now pending before

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the court is counsel’s motion to withdraw as petitioner’s counsel of record and petitioner’s pro se

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motion for appointment of new counsel.

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Pursuant to Local Rule 182, this court will grant counsel’s motion to withdraw as

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petitioner’s counsel of record. In addition, under the circumstance of this case, the undersigned

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has determined that the interests of justice require appointment of counsel. See 18 U.S.C. §

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3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). The court will

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appoint the Federal Defender to represent petitioner in this case.

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/////

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Accordingly, IT IS HEREBY ORDERED that:

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1. Counsel’s motion to withdraw as petitioner’s counsel of record (Doc. No. 13) is

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granted;

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2. Petitioner’s motion for appointment of counsel (Doc. No. 11) is granted;

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3. The Federal Defender is appointed to represent petitioner;

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4. The Clerk of the Court shall serve a copy of this order on the Federal Defender,

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Attention: Habeas Appointment; and
5. Petitioner’s counsel shall contact the Clerk’s Office to make arrangements to obtain
copies of documents in the file if necessary.
Dated: October 8, 2015

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DAD:9
vill1849.110a

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