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Malone v. Felker

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 13, 2010

MICHAEL MALONE, PETITIONER,
v.
TOM FELKER, RESPONDENT.

Court of Appeals Case No. 10-16612

ORDER APPOINTING CHARLES BONNEAU, ESQ. AS COUNSEL ON APPEAL AND DIRECTING CLERK OF COURT TO SERVE COPY OF ORDER ON NINTH CIRCUIT COURT OF APPEALS

On July 19, 2010, the instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 was denied on the merits and judgment was entered in favor of Respondent. In that order, the Court issued a partial certificate of appealability "on the claims concerning the prosecution's failure to provide the defense with evidence about Mr. Allen's phone message."

Petitioner filed a timely notice of appeal on July 26, 2010, in case number 10-16612. On October 15, 2010, this Court was served with an electronic order directing the appointment of counsel on appeal. The Court stated "[t]he appointing authority may wish to consider that retained trial counsel [Charles] Bonneau is familiar with the record and issues, and is willing to serve as appointed counsel on appeal."

In the interests of justice, the Court hereby appoints Charles Bonneau, Esq. as counsel of record on appeal. 18 U.S.C. § 3006A(a)(2)(B).

Accordingly, it is HEREBY ORDERED that:

1. Charles Bonneau, Esq. is appointed as counsel on appeal; and

2. The Clerk of Court is directed to serve a copy of this order on the Ninth Circuit Court of Appeals at counselappointments@ca9.uscourts.gov.

IT IS SO ORDERED.

20101113

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