Jackson v. Warden of CSP-Solano

Filing 26

ORDER signed by Magistrate Judge Dale A. Drozd on 09/18/15 denying 8 Motion to Dismiss. The Federal Defender 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 petitioner's counsel shall contact the Clerk's office to make arrangements to obtain copies of documents in the file if necessary. (cc: Federal Defender, Habeas Appointment) (Plummer, M) Modified on 9/18/2015 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RACARDO JACKSON,

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No. 2:14-cv-2268 MCE DAD P

Petitioner,
v.

ORDER

WARDEN OF CALIFORNIA STATE
PRISON, SOLANO,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. This matter came before the court on September 17, 2015,

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on a motion to withdraw brought by petitioner’s counsel. In accordance with Local Rule 182, and

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for the reasons stated on the record, the court granted counsel’s motion to withdraw as

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petitioner’s counsel of record.

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Under the circumstance of this case, the undersigned has determined that the interests of

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justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v.

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Look, 718 F.2d 952, 954 (9th Cir. 1983). The court will appoint the Federal Defender to

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represent petitioner in this case. In addition, in light of this order appointing new counsel to

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represent petitioner, the court will deny respondent’s pending motion to dismiss the petition for

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failure to exhaust state court remedies without prejudice to renewal of that motion as appropriate
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after the court conducts a status conference with the parties, which the court will schedule once

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petitioner’s newly appointed counsel appears in this habeas action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Respondent’s motion to dismiss (Doc. No. 8) is denied without prejudice;

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2. The Federal Defender is appointed to represent petitioner;

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

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Attention: Habeas Appointment; and
4. Petitioner’s counsel shall contact the Clerk’s Office to make arrangements to obtain
copies of documents in the file if necessary.
Dated: September 18, 2015

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DAD:9
jack2268.110a

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