(HC) Brown v. Robertson

Filing 50

ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/2024 APPOINTING the Federal Defender to represent Petitioner. Petitioner's counsel shall file a brief addressing the exhaustion issues raised by the Court of Appeals in the 44 Order. Respondent shall file a response within 20 days of Petitioner's filing. Within 10 days thereafter, Petitioner may file a reply. (cc: Federal Defender) (Spichka, K.)

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

No. 2:20-cv-0991 KJM SCR P

Petitioner,

13

v.

14

JIM ROBERTSON,

15

ORDER

Respondent.

16
Petitioner is a state prisoner proceeding pro se with an application for writ of habeas

17
18

corpus pursuant to 28 U.S.C. § 2254. The Court of Appeals for the Ninth Circuit recently

19

remanded this case to the district court for consideration of exhaustion issues. In light of the

20

complexity of the legal issues involved, this court has determined that the interests of justice

21

require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Rule 8(c), Rules

22

Governing Section 2254 Cases (section 3006A permits appointment of counsel at any stage of the

23

proceedings).

24

Accordingly, IT IS HEREBY ORDERED that:

25

1. The Federal Defender is appointed to represent petitioner.

26

2. The Clerk of the Court shall serve a copy of this order on the Federal Defender,

27

Attention: Habeas Appointment.

28

////
1

1

3. Within thirty days of the date of this order, petitioner’s counsel shall file a brief

2

addressing the exhaustion issues raised by the Court of Appeals in its April 16, 2024 order. (ECF

3

No. 44.) Respondent shall file a response within twenty days of petitioner’s filing. Within ten

4

days thereafter, petitioner may file a reply.

5
6

Dated: November 22, 2024

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2