Peterson v. Davies

Filing 24

ORDER signed by Judge Kimberly J. Mueller on 10/28/2015. The Federal Defender is APPOINTED for petitioner Jonathan Wayne Peterson. Clerk directed to serve a copy of Order on Federal Defender / Attention: Habeas Appointment. Petitioner's counsel shall contact Clerk's Office to make arrangements for copies of documents in file. Within 30 days from date of Order, parties shall file a Joint Status Report addressing the following matters: (a) Discovery and Investigations; (b) Anticipated Motions; and (c) Further Briefing on petitioner's claim. (Marciel, M) [cc: FD's Office - Habeas; petitioner Jonathan Wayne Peterson]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JONATHAN WAYNE PETERSON,

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No. 2:14-cv-2659 KJM CKD P

Petitioner,

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v.

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DAVE DAVIES,

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ORDER

Respondents.

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Petitioner is a state prisoner proceeding pro se with an application for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. By order filed September 20, 2015 the court determined

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that the interests of justice might require appointment of counsel and referred the matter to the

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Office of the Federal Defender to determine whether petitioner is financially eligible for such

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appointment. See ECF No. 22 at 2. On October 13, 2015, the Federal Defender reported to the

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court that petitioner is financially eligible for appointment of counsel. ECF No. 23. The court

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now finds that in light of the complexity of the issues presented the interests of justice require

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appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d

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952, 954 (9th Cir. 1983).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Federal Defender is appointed to represent petitioner.

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2. The Clerk of the Court is directed to serve a copy of this order on the Federal Defender
Attention: Habeas Appointment.
3. Petitioner’s counsel shall contact the Clerk’s Office to make arrangements for copies of
documents in the file.
4. Within thirty days from the date of this order the parties shall file a joint status report
addressing the following matters:

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a. Discovery and investigations;

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b. Anticipated motions; and

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c. Further briefing on petitioner’s claim.

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DATED: October 28, 2015

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UNITED STATES DISTRICT JUDGE

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