Winchester v. Obenland et al

Filing 14

ORDER APPOINTING THE OFFICE OF THE FEDERAL PUBLIC DEFENDER TO REPRESENT PETITIONER by Hon. James P. Donohue. (cc: petitioner via USPS)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JEREMIAH LANCE WINCHESTER,
Petitioner,

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Case No. C17-1136-RSL-JPD
ORDER APPOINTING THE OFFICE
OF THE FEDERAL PUBLIC
DEFENDER TO REPRESENT
PETITIONER

v.
OBENLAND, et al.,
Respondents.

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Petitioner, a state prisoner, seeks the appointment of counsel in this 28 U.S.C. § 2254

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habeas action. He also has filed a motion to stay and abey while he exhausts his state remedies.

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While there is no constitutional right to appointment of counsel in actions brought under

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§ 2254, the Court may exercise its discretion to appoint counsel for a financially eligible

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individual where the “interests of justice so require.” 18 U.S.C. § 3006A; see also Weygardt v.

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Look, 718 F.2d 952 (9th Cir. 1983). Because it appeared from the record that appointment of

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counsel may be warranted in the instant action, the Court referred the matter to the Office of the

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Federal Public Defender (“FPD”) to determine whether the interests of justice, in fact, require

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such an appointment. Dkt. 10. On September 28, 2017, the FPD asked for an extension of time

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ORDER APPOINTING THE OFFICE OF
THE FEDERAL PUBLIC DEFENDER TO
REPRESENT PETITIONER - 1

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to review petitioner’s case. Dkt. 11. On October 10, 2017, the FPD asked to be appointed in this

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matter. Dkt. 12.

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Having considered the foregoing, the Court finds and ORDERS:

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(1)

Petitioner’s request for appointment of counsel is GRANTED. The Office of the

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Federal Public Defender and Assistant Federal Public Defender Vicki Lai are appointed to

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represent petitioner in this matter.

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(2)

The FPD’s motion for extension of time, Dkt. 11, is GRANTED.

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(3)

Within 30 days of the date this Order is signed, counsel for petitioner shall

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inform the Court whether she will seek leave to file an amended habeas petition and whether she

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intends to supplement or withdraw the pending motion to stay and abey. The Court will direct

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service on respondent after considering petitioner’s response to these questions.

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(4)

The Clerk is directed to send copies of this order to petitioner, to the FPD, and to

the Honorable Robert S. Lasnik.
Dated this 11th day of October, 2017.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER APPOINTING THE OFFICE OF
THE FEDERAL PUBLIC DEFENDER TO
REPRESENT PETITIONER - 2