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Richard Leon Loughmiller v. Kathleen Dickinson

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


February 2, 2012

RICHARD LEON LOUGHMILLER, PETITIONER,
v.
KATHLEEN DICKINSON, WARDEN, RESPONDENT.

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

[Re: Motion at Docket No. 35]

ORDER

At Docket No. 35 Richard Leon Loughmiller, a state prisoner proceeding pro se, filed a Motion for the Appointment of Counsel to represent him on appeal. There is no constitutional right to counsel in federal habeas proceedings.*fn1 This Court may, however, appoint counsel under the Criminal Justice Act in this case if the court determines that the interests of justice so require.*fn2 This Court having determined to issue a certificate of appealability in this case has also determined that there is a reasonable likelihood that Loughmiller may prevail and that the legal issue presented is of sufficient complexity to warrant the appointment of counsel.

IT IS HEREBY ORDERED THAT the Motion for Appointment of Counsel at Docket No. 35 is GRANTED.

IT IS FURTHER ORDERED THAT the Federal Public Defender is hereby appointed as counsel for Richard Leon Loughmiller.

The Clerk of the Court is directed serve a copy of this Order on David Porter, Assistant Federal Public Defender, and to transmit a copy to the Court of Appeals.

James K. Singleton, Jr.


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