(HC) Brown v. Robertson
Filing
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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.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KEVIN A. BROWN,
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No. 2:20-cv-0991 KJM SCR P
Petitioner,
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v.
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JIM ROBERTSON,
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ORDER
Respondent.
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Petitioner is a state prisoner proceeding pro se with an application for writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. The Court of Appeals for the Ninth Circuit recently
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remanded this case to the district court for consideration of exhaustion issues. In light of the
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complexity of the legal issues involved, this court has determined that the interests of justice
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require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Rule 8(c), Rules
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Governing Section 2254 Cases (section 3006A permits appointment of counsel at any stage of the
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proceedings).
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Federal Defender is appointed to represent petitioner.
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2. The Clerk of the Court shall serve a copy of this order on the Federal Defender,
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Attention: Habeas Appointment.
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3. Within thirty days of the date of this order, petitioner’s counsel shall file a brief
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addressing the exhaustion issues raised by the Court of Appeals in its April 16, 2024 order. (ECF
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No. 44.) Respondent shall file a response within twenty days of petitioner’s filing. Within ten
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days thereafter, petitioner may file a reply.
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Dated: November 22, 2024
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