Samayoa v. Hickman, et al

Filing 119

ORDER Pursuant to Remand Directing Briefing on Appointment of Additional Counsel. Signed by Judge Thomas J. Whelan on 8/21/2019.(All non-registered users served via U.S. Mail Service)(jao)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RICHARD SAMAYOA,

Case No.: 00cv2118-W

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Petitioner,

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v.

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ORDER PURSUANT TO REMAND
DIRECTING BRIEFING ON
APPOINTMENT OF ADDITIONAL
COUNSEL

RONALD DAVIS, Warden,
Respondent.

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This Court previously issued an Order denying Petitioner’s motion to appoint

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additional counsel. (See ECF No. 112.) Petitioner appealed the decision, and the Ninth

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Circuit reversed and remanded the case to this Court “to determine whether appointment

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of additional counsel to represent Richard Samayoa is appropriate under” 18 U.S.C. § 3599.

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Samayoa v. Davis, 928 F.3d 1127, 1128 (9th Cir. July 3, 2019). According to the Ninth

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Circuit, the primary issue under the statute “is whether a petitioner is ‘financially unable’

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to obtain adequate representation….” Id. at 1132. Accordingly, pursuant to the remand,

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the Court ORDERS as follows:

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1.

On or before Friday, September 6, 2019, Petitioner shall submit a brief
addressing whether appointment of additional counsel is appropriate under
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00cv2118

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section 3599, specifically including whether Petitioner is financially unable to

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obtain adequate representation such that appointment is warranted under the

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statute.

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2.

Respondent may file a response on or before Friday, September 20, 2019.

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3.

Petitioner may file a reply on or before Friday, September 27, 2019.

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Unless the Court orders otherwise, the matter will be decided on the pleadings.

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IT IS SO ORDERED.

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Dated: August 21, 2019

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00cv2118