Lee v. Chertoff et al

Filing 4

ORDER Requiring Response to Petition and Granting 2 Motion to Appoint Counsel: Respondents are ordered to file and serve a response to the petition no later than 10/29/07. Should petitioner wish to reply to the response, he shall reply no later than 12/3/07. The Court grants petitioner's motion for appointment of counsel and appoints Federal Defenders of San Diego, Inc. Signed by Judge Janis Sammartino on 10/02/2007. (mkz)

Lee v. Chertoff et al

Doc. 4

Case 3:07-cv-01879-JLS-WMC

Document 4

Filed 10/02/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On September 25, 2007, petitioner Jeete Lee, an immigration detainee, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. No. 1.) Having reviewed the petition, respondents are hereby ORDERED to file and serve a response to the petition no later than October 29, 2007. The response SHALL INCLUDE all documents relevant to the issues raised in the petition. Should petitioner wish to reply to the response, he SHALL REPLY no later than December 3, 2007. The matter will be deemed under submission at that time, and the parties shall await further order from this Court. Petitioner has also filed a motion for appointment of counsel pursuant to 18 U.S.C. § 3006A. (Doc. No. 2.) Section 3006A(a)(2)(b) provides, when the Court determines that "the JEETE LEE, vs. Petitioner, CASE NO. 07CV1879 JLS (WMc) ORDER (1) REQUIRING RESPONSE TO PETITION and (2) GRANTING MOTION FOR APPOINTMENT OF COUNSEL (Doc. No. 2)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

MICHAEL CHERTOFF, Secretary of the Department of Homeland Security; ALBERTO GONZALES, Attorney General; RON SMITH, Director of San Diego Field Office, U.S. Immigration and Customs Enforcement; ANTHONY CERONE, Officer-in-charge, Respondents.

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07cv1879

Dockets.Justia.com

Case 3:07-cv-01879-JLS-WMC

Document 4

Filed 10/02/2007

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interests of justice so require," the Court may appoint counsel for financially eligible individuals who are seeking relief under § 2241. The Court finds the appointment of counsel is appropriate in this case. Federal Defenders of San Diego, Inc., has requested to be appointed to represent petitioner in this matter. [Lopez Decla. ISO Motion.] The Court therefore GRANTS petitioner's motion for appointment of counsel and APPOINTS Federal Defenders of San Diego, Inc. to represent him. IT IS SO ORDERED.

DATED: October 2, 2007

Honorable Janis L. Sammartino United States District Judge

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07cv1879