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Duntley v. Hernandez

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA


May 9, 2008

ARYAN W. DUNTLEY, PLAINTIFF,
v.
ROBERT J. HERNANDEZ, WARDEN; BILL LOCKYER, ATTORNEY GENERAL, DEFENDANT.

The opinion of the court was delivered by: Louisa S Porter United States Magistrate Judge

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL [Dkt. No. 21]

On April 3, 2008, this Petition for Writ of Habeas Corpus was denied by the Honorable M. James Lorenz. (Dkt. No. 17.) On April 28, 2008, Petitioner, proceeding pro se, filed a Notice of Appeal as well as a Motion for Appointment of Counsel. (Dkt. No. 21.) On May 5, 2008, Judge Lorenz ordered that a Certificate of Appealability will not issue in Petitioner's case. (Dkt. No. 23.) Judge Lorenz's order noted that Petitioner does not require certification to bring his appeal because Petitioner challenges an administrative decision regarding the execution of his sentence rather than his underlying conviction.

A Clerk's Judgment has been entered, closing Petitioner's case with this Court. (Dkt. No. 18.) Petitioner's remaining recourse is an appeal of Judge Lorenz's decision, and Petitioner's Notice of Appeal indicates that Petitioner intends to take that action. (Dkt. No. 19.) Therefore, Petitioner's Motion for Appointment of Counsel is HEREBY DENIED AS MOOT, WITHOUT PREJUDICE to Petitioner's requesting counsel if his case again comes before the United States District Court for the Southern District of California. If Petitioner desires to obtain legal representation for his appeal, Petitioner should request appointment of counsel from the United States Court of Appeals for the Ninth Circuit, rather than from this Court.

IT IS SO ORDERED.

20080509

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