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Khalafala v. Brown

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 23, 2009

KHALAFALA KHALAFALA, PETITIONER,
v.
EDMUND G. BROWN, JR.,*FN1 ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

[Re: Motions at Docket Nos. 42 and 49]

At Docket No. 42 Petitioner Khalafala Khalafala, a former state prisoner,*fn2 proceeding pro se in this proceeding initiated by a petition for habeas corpus relief under 28 U.S.C. § 2254, filed a request for appointment of counsel under the Criminal Justice Act, 18 § 3006A. At Docket No. 49 Khalafala filed a request for leave to file a second amended petition. At Docket No. 51 Khalafala filed a request to withdraw his request for leave to file a second amended petition.

Appointment of counsel is not required in a proceeding in the absence of an order granting discovery or an evidentiary hearing.*fn3 This Court may appoint counsel under the Criminal Justice Act in this case if the Court determines that the interests of justice so require.*fn4

The Court does not so determine.

IT IS ORDERED THAT the request for appointment of counsel at Docket No. 42 is DENIED, without prejudice.

IT IS FURTHER ORDERED THAT the request for leave to file a second amended petition at Docket No. 49 is DENIED as moot.


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