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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FREDERICK TANNER, 12 No. 2:16-cv-0581 GEB KJN P Petitioner, 13 v. 14 STU SHERMAN, 15 ORDER Respondent. 16 17 Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with an application 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has renewed his motions for 19 appointment of counsel based on, inter alia, his developmental disabilities. Petitioner is 20 classified as DD2, which requires occasional prompts to initiate or complete activities of daily 21 living. (ECF No. 30 at 4.) On June 30, 2017, respondent renewed the motion to dismiss on the 22 grounds that petitioner failed to exhaust his third claim in its entirety. 23 In light of the complexity of the issues involved, the court has determined that the 24 interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also 25 Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Petitioner’s motions for appointment of counsel (ECF Nos. 30 & 31) are granted. 28 2. The Federal Defender is appointed to represent petitioner. 1 1 2 3 4 5 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 6 dismiss; such opposition shall be filed on or before August 22, 2017. 7 Dated: July 7, 2017 8 9 10 /tann0581.110a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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