Terrell v. Director of CDCR

Filing 35

ORDER denying 33 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 11/07/16. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD TERRELL,

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Petitioner,

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No. 2:14-cv-2713 MCE AC P

v.

ORDER

CDCR,

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Respondent.

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Petitioner, a state prisoner, was proceeding pro se on an application for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Currently before the court is petitioner’s motion to appoint

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counsel, entered on October 11, 2016. ECF No. 33. The petition was dismissed as successive,

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judgement was entered, and the case was closed on March 30, 2016. ECF No. 31. Because the

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petition has been dismissed and the case was closed seven months ago, petitioner’s present

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motion to appoint counsel is denied.
Petitioner has also filed a notice of change of address in which he indicates that he wants

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to obtain a certificate of appealability. ECF No. 34. Petitioner is advised that in dismissing the

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petition, the court declined to issue a certificate of appealability. ECF No. 30.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s October 11, 2016 request for

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appointment of counsel (ECF No. 33) is denied.

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DATED: November 7, 2016

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