Currie v. Lewis

Filing 28

ORDER by Judge Charles R. Breyer denying 23 Motion to Appoint Counsel (Attachments: # 1 Certificate of Service) (tlS, COURT STAFF) (Filed on 6/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALDRIDGE CURRIE, G-44516,
Petitioner,

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vs.
GREG D. LEWIS, Warden,
Respondent.

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No. C 11-5194 CRB (PR)
ORDER
(Docket #23)

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Petitioner has filed a notice of appeal and a request for a certificate of

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appealability (COA) under 28 U.S.C. § 2253(c) and Federal Rule of Appellate

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Procedure 22(b). He also has filed a motion for appointment of counsel on

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appeal.

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As noted in the court’s May 13, 2013 order denying the petition for a writ

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of habeas corpus, a COA is granted as to petitioner’s Batson claim. But a COA is

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denied as to petitioner’s other claims because petitioner has not demonstrated that

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“reasonable jurists would find the district court's assessment of the constitutional

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claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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Petitioner’s motion for appointment of counsel (docket # 23) is denied
without prejudice to his renewing the motion in the court of appeals.
The clerk shall forward to the court of appeals the case file with this order.

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See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).

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SO ORDERED.

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DATED: June 12, 2013
CHARLES R. BREYER
United States District Judge

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N:\Currie, A.11-5194.coa.wpd