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Gerald Howard v. M. Martel

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


August 25, 2011

GERALD HOWARD, PETITIONER,
v.
M. MARTEL,
RESPONDENT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding pro se and in forma pauperis with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In light of the complexity of the legal issues involved, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's August 17, 2011 motion to appoint counsel is granted.

2. The Federal Defender is appointed to represent petitioner.

3. The Clerk of the Court is directed to serve a copy of the petition and this order on David Porter, Assistant Federal Defender.

4. Petitioner's counsel shall contact the Clerk's Office to make arrangements for copies of documents in the file.

5. A status conference is set for October 19, 2011 at 10:00 a.m. in Courtroom 26.

6. All parties shall appear at the status conference by counsel prepared to discuss:

a. The formulation and simplification of the issues, including elimination of frivolous claims and defenses;

a. Enumeration and resolution of unexhausted claims; and c. Possible future amendments to the pleadings.

20110825

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