Tanner v. Sherman

Filing 37

ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2017 GRANTING petitioner's 30 , 31 motions for the appointment of counsel. The Federal Defender is APPOINTED to represent petitioner. The Clerk shall serve a copy of this order on t he FD, Attention: Habeas Appointment. Petitioner's counsel shall contact the Clerk's office to make arrangements for copies of documents in the file. Petitioner is GRANTED an extension of time to file an opposition to the 36 motion to dismiss; such opposition shall be filed on or before 8/22/2017. (cc: FD, Habeas Appointment)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDERICK TANNER,

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No. 2:16-cv-0581 GEB KJN P

Petitioner,

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v.

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STU SHERMAN,

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ORDER

Respondent.

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Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with an application

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for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has renewed his motions for

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appointment of counsel based on, inter alia, his developmental disabilities. Petitioner is

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classified as DD2, which requires occasional prompts to initiate or complete activities of daily

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living. (ECF No. 30 at 4.) On June 30, 2017, respondent renewed the motion to dismiss on the

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grounds that petitioner failed to exhaust his third claim in its entirety.

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In light of the complexity of the issues involved, the court has determined that the

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

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Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motions for appointment of counsel (ECF Nos. 30 & 31) are granted.

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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,
Attention: Habeas Appointment.
4. Petitioner’s counsel shall contact the Clerk’s Office to make arrangements for copies of
documents in the file.
5. Petitioner is granted an extension of time in which to file an opposition to the motion to

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dismiss; such opposition shall be filed on or before August 22, 2017.

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Dated: July 7, 2017

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/tann0581.110a

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