Arellano v. Paramo

Filing 23

ORDER: Arellano's requests for extensions of time 22 are Granted. Arellano shall file any Objections to the Report and Recommendation and any motion for copies of any of ECF Nos. 10-1 through 10-34 on or before 06/18/2018. Arellano's request for appointment of counsel 22 is Denied for the reasons stated in the Report and Recommendation. Signed by Judge William Q. Hayes on 04/17/2018. (All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RAUL ARELLANO,

Case No.: 16-cv-2337-WQH-MDD
Petitioner,

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v.

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ORDER

DANIEL PARAMO,
Respondent.

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HAYES, Judge:

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On September 13, 2016, Petitioner Raul Arellano initiated this action by filing the

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Petition for Writ of Habeas Corpus (ECF No. 1). In the Petition, Arellano requests the

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appointment of counsel. Id. at 24. On March 12, 2018, United States Magistrate Judge

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Mitchell Dembin issued a Report and Recommendation (ECF No. 15). The Report and

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Recommendation recommends that the Court deny the Petition and states “this Court need

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not exercise discretion to appoint counsel because there has been no finding of exceptional

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circumstances.” Id. at 25–26. The Report and Recommendation provides that Arellano

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may file written objections to the Report and Recommendation no later than April 11, 2018.

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Id. at 25.

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16-cv-2337-WQH-MDD

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On August 23, 2017, Respondent Daniel Paramo lodged twenty-four documents

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(ECF Nos. 10-1 through 10-34). On March 12, 2018, Paramo lodged four more documents

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(ECF Nos. 14-1 through 14-4). On March 20, 2018, Arellano filed a Motion requesting

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copies of all of the documents lodged in this case. (ECF No. 17). On March 23, 2018, the

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Court entered an Order granting Arellano’s request for copies of ECF Nos. 14-1 through

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14-4, denying Arellano’s request for copies of ECF Nos. 10-1 through 10-34, and granting

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Arellano leave to file a motion on or before April 6, 2018 identifying his need for a copy

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any of ECF Nos. 10-1 through 10-34.

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On April 10, 2018, Arellano filed a Motion requesting (1) an additional sixty days

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to object to the Report and Recommendation, (2) an additional sixty days to file a motion

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for copies of any of ECF Nos. 10-1 through 10-34, and (3) appointment of counsel. (ECF

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No. 22). Arellano’s requests for extensions of time are GRANTED. Arellano shall file

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any Objections to the Report and Recommendation and any motion for copies of any of

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ECF Nos. 10-1 through 10-34 on or before June 18, 2018. Arellano’s request for

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appointment of counsel is DENIED for the reasons stated in the Report and

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Recommendation.

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Dated: April 17, 2018

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