(HC) Brown v. Robertson

Filing 48

ORDER signed by Magistrate Judge Deborah Barnes on 7/3/2024 DENYING without prejudice petitioner's 40 motion for the appointment ofcounsel. (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 KEVIN A. BROWN, 12 Petitioner, 13 14 No. 2:20-cv-0991 KJM DB P v. ORDER JIM ROBERTSON, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. On September 28, 2021, the court denied the petition. Petitioner 19 appealed. On April 18, 2024, the Ninth Circuit Court of Appeals remanded the case to the district 20 court for consideration of an exhaustion issue. Petitioner recently filed a document asking about the status of the case and whether he 21 22 needs to file any documents at this time. Petitioner is advised that he need not file anything until 23 ordered to do so by the court. Also, it has come to the court’s attention that shortly after the district court entered 24 25 judgment in 2021, a motion for the appointment of counsel was filed here. That motion will be 26 denied without prejudice to its renewal at a later time and based on the status of these 27 proceedings. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for the appointment of 2 counsel (ECF No. 40) is denied without prejudice. 3 Dated: July 3, 2024 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DLB:9 DB prisoner inbox/habeas/R/brow0991.csl or 24 25 26 27 28 2

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