IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 30, 2010
MICHAEL BRODHEIM, PETITIONER,
KATHLEEN DICKENSON, ACTING WARDEN, RESPONDENT.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
REQUEST FOR APPOINTMENT OF COUNSEL; ORDER
Pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A, and Rule 8(c), Rules Governing Section 2254 Cases, Petitioner, MICHAEL BRODHEIM, and the Office of the Federal Defender hereby request that the Office of the Federal Defender be appointed counsel for Mr. Brodheim in that:
1. On November 2, 2006, this Court issued an order in Michael J. Brodheim v. M. Veal, Civ. S 06-02326 LKK GGH, in which Mr. Brodheim is challenging the State's 2003 denial of parole, and it determined that the interests of justice required the appointment of counsel because of the complexity of the legal issues involved. Accordingly, the Court appointed the Office of the Federal Defender to represent Mr. Brodheim in that action;
2. That action is still pending, having been administratively stayed on March 16, 2009, pending Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, No. 06-55392, 527 F.3d 797 (9th Cir. Filed May 16, 2008).
3. In the above-entitled action, Mr. Brodheim challenges the 2007 decision of the Board of Parole Hearings and Governor denying him parole, and Mr. Porter represented Mr. Brodheim in his state habeas corpus proceedings;
4. There is significant overlap in the parties and claims asserted in the two actions, both of which raise complex legal issues;
5. Respondents have the benefit of counsel.
Accordingly, on behalf of Mr. Brodheim, the Federal Defender's Office requests that the Court enter the order lodged herewith appointing the office to represent Mr. Brodheim in the above-entitled matter.
Dated: February 2, 2010
In light of the application, and good cause appearing therefor, the Office of the Federal Defender and Assistant Federal David M. Porter are appointed to represent petitioner Michael J. Brodheim in the above-entitled matter.
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