Gonzalez v. Walker et al

Filing 49

ORDER by Judge Ronald M. Whyte Granting 41 , 43 Motion for Extension of Time to File Notice of Appeal; Denying 42 , 45 Motion for Appointment of Counsel. (jg, COURT STAFF) (Filed on 8/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

ARMANDO GONZALEZ,
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Petitioner,
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v.
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VIRGA, Warden,
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Respondent.
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No. C 08-2389 RMW (PR)
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE NOTICE
OF APPEAL; DENYING MOTION FOR
APPOINTMENT OF COUNSEL ON
APPEAL

(Docket Nos. 41, 42, 43, 45)

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Petitioner, a state prisoner proceeding pro se, filed an amended petition for a writ of

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habeas corpus under 28 U.S.C. § 2254 challenging a criminal judgment from Santa Clara

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County superior court. (Docket No. 3.) On June 13, 2013, the court denied the petition.

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(Docket No. 38.) On July 14, 2013, petitioner filed a notice of appeal. See Houston v. Lack,

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487 U.S. 266, 270-71 (1988). (Docket No. 44.)

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Petitioner has filed motions for an extension of time to file a notice of appeal. (Docket

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Nos. 41, 43.) Petitioner’s motions for an extension are GRANTED. Petitioner’s notice of

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appeal filed July 14, 2013 is deemed timely.

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Petitioner has also filed a motion for appointment of counsel on appeal. (Docket Nos.

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42, 45.) Petitioner has previously requested counsel in these proceedings. (Docket Nos. 18,

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32.) The court has denied each request and advised petitioner that the circumstances of this
Order Granting Mot. for Ext. of Time to File Notice of Appeal; Denying Motion for Appt. of Counsel
G:\PRO-SE\RMW\HC.08\Gonzalez389eot-noa_deny-atty.wpd

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case do not warrant appointment of counsel. (Docket Nos. 32, 37.) There has been no change

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in circumstances that now warrant appointment of counsel and therefore the motions are

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DENIED. Petitioner’s case is currently before the Ninth Circuit Court of Appeals, Case No.

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13-16446, and he may renew his request for appointment of counsel in that court.

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This order terminates docket numbers 41, 42, 43 and 45.

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IT IS SO ORDERED.

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DATED:
RONALD M. WHYTE
United States District Judge

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For the Northern District of California

United States District Court

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Order Granting Mot. for Ext. of Time to File Notice of Appeal; Denying Motion for Appt. of Counsel
G:\PRO-SE\RMW\HC.08\Gonzalez389eot-noa_deny-atty.wpd
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ARMANDO R. GONZALEZ,

Case Number: CV08-02389 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
JAMES WALKER, ET AL. et al,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on August 12, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

Armando R. Gonzalez V-74787
C4/206
High Desert State Prison
P.O. Box 3030
Susanville, CA 96127

Dated: August 12, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk