Neal v. Warden of SATF et al.

Filing 92

ORDER signed by Magistrate Judge Deborah Barnes on 10/24/2017 APPOINTING the Federal Defender to represent petitioner for the limited purpose of opposing the 51 motion to dismiss. The Clerk shall serve a copy of this order on the Federal Defen der, Attention: Habeas Appointment. Within 45 days, petitioner's counsel shall file an amended opposition to the motion to dismiss or inform the court that an amended opposition is unnecessary. Petitioner's 47 , 52 , 53 , 59 , 85 , 86 motions for counsel and related motions for reconsideration, and for 68 scribing assistance are DENIED as moot. Petitioner's 65 motion for evidentiary hearing regarding his competence is DENIED without prejudice. (cc: FD Habeas)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT W. NEAL,

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No. 2:16-cv-2778 JAM DB P

Petitioner,
v.

ORDER

WARDEN OF SATF,

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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 contends, among other things,

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he is actually innocent, he was incompetent at the time of the crime and at the time he rendered

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his plea, his trial and appellate attorneys rendered ineffective assistance, and the district attorney

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withheld exculpatory evidence. Before the court are respondent's motion to dismiss the petition

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as untimely and multiple motions filed by petitioner, including motions for the appointment of

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counsel, for an evidentiary hearing, and for scribing assistance.

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After reviewing the briefs in support of and opposing respondent's motion to dismiss, and

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in light of the complexity of the legal issues involved, the court has determined that the interests

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of justice require appointment of counsel for the limited purpose of opposing the motion to

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dismiss. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th

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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 for the limited purpose of

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opposing the motion to dismiss.
2. The Clerk of the Court shall 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 forty-five days of the date of this order, petitioner’s counsel shall file an

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amended opposition to the motion to dismiss (ECF No. 51) or inform the court that an amended

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opposition is unnecessary. If petitioner’s counsel files an amended opposition to the motion to

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dismiss, respondent may file a reply within twenty days of the date of service of that amended

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opposition.

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5. The Clerk of the Court is directed to serve a copy of this order on the office of the
Federal Defender.
6. Petitioner’s motions for the appointment of counsel and related motions for

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reconsideration (ECF Nos. 47, 52, 53, 57, 59, 85, 86) and for scribing assistance (ECF No. 68) are

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denied as moot.

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7. Petitioner’s motion for an evidentiary hearing regarding his competence (ECF No. 65)

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is denied without prejudice.

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Dated: October 24, 2017

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DLB:9
DB/orders/prisoner-habeas/Neal2778.110a

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