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George v. Sullivan

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


August 31, 2010

HOLLISTER GEORGE, PETITIONER,
v.
W.J. SULLIVAN, RESPONDENT.

The opinion of the court was delivered by: Judge Hon. Anthony W. Ishii

REQUEST FOR APPOINTMENT OF COUNSEL; and ORDER

Pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A, and Rule 8(c), Rules Governing Section 2254 Cases, Petitioner, HOLLISTER GEORGE, and the Office of the Federal Defender hereby request that the Office of the Federal Defender be appointed counsel for Mr. George in that:

1. On June 16, 2010, this Court entered judgment in the above-entitled action in favor of Mr. George, who was proceeding pro se;

2. Respondent filed a notice of appeal;

3. On August 12, 2010, the Ninth Circuit Court of Appeals directed the Office of the Federal Defender to locate appointed counsel to represent Mr. George in the appeal, No. 10-16418, and Assistant Federal Defender David M. Porter was subsequently assigned the case;

4. It appears that the state has no legitimate interest in keeping Mr. George incarcerated following the July 7, 2010 hearing at which the Board of Parole Hearings set his term at 132 months, a term he has satisfied in full, and Mr. George requires the assistance of counsel to pursue relief in this Court; and,

5. Respondent has the benefit of counsel.

Accordingly, on behalf of Mr. George, the Federal Defender's Office requests that the Court enter the order lodged herewith appointing the office to represent Mr. George in the above-entitled matter.

Dated: August 30, 2010

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender DAVID M. PORTER Assistant Federal Defender Seeking Appointment as Attorneys for Petitioner HOLLISTER GEORGE

ORDER

For the reasons set forth in the request, and good cause appearing therefor, the Office of the Federal Defender and Assistant Federal Defender David M. Porter are appointed to represent Petitioner, Hollister George, in the above-entitled matter pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A, and Rule 8(c), Rules Governing Section 2254 Cases.

IT IS SO ORDERED.

20100831

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