Bassett v. People of the State of California et al
Filing
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ORDER directing respondents to respond to Habeas Corpus Petition signed by Magistrate Judge Gregory G. Hollows on 6/21/2011. Respondents to file pleading w/in 60 days from date of this Order. Petitioner's Reply, Opposition, or State of Non-Oppos ition to Motion shall be filed and served w/in 28 days after service. Clerk to serve copy of this Order, Consent/Reassignment form, and copy of Habeas Corpus Petition upon Michael Patrick Farrell, Senior Assistant Attorney General. Petitioner's 2 5 Motion(s) to Proceed IFP. Petitioner's 3 Motion for Appointment of Counsel is DENIED without prejudice to renewal of Motion at later stage of proceedings. (cc: Michael P. Farrell) (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD DEWAYNE BASSETT,
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Petitioner,
No. CIV S-11-1592 GGH P
vs.
MIKE McDONALD, Warden, et al.,
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Respondents.
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ORDER
/
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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma
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pauperis.
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Examination of the in forma pauperis application reveals that petitioner is unable
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to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be
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granted. See 28 U.S.C. § 1915(a).
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Since petitioner may be entitled to relief if the claimed violation of constitutional
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rights is proved, respondents will be directed to file a response to petitioner’s habeas petition.
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Petitioner has requested the appointment of counsel. There currently exists no
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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d
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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at
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any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing
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§ 2254 Cases. In the present case, the court does not find that the interests of justice would be
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served by the appointment of counsel at the present time.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Petitioner’s application to proceed in forma pauperis is granted;
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2. Respondents are directed to file a response to petitioner’s habeas petition
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within sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An
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answer shall be accompanied by all transcripts and other documents relevant to the issues
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presented in the petition. See Rule 5, Fed. R. Governing § 2254 Cases;
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3. If the response to the habeas petition is an answer, petitioner’s reply, if any,
shall be filed and served within twenty-eight days after service of the answer;
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4. If the response to the habeas petition is a motion, petitioner’s opposition or
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statement of non-opposition to the motion shall be filed and served within twenty-eight days after
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service of the motion, and respondents’ reply, if any, shall be filed and served within fourteen
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days thereafter; and
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5. The Clerk of the Court shall serve a copy of this order, the
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consent/reassignment form contemplated by Appendix A(k) to the Local Rules of this court
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together with a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on
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Michael Patrick Farrell, Senior Assistant Attorney General.
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6. Petitioner’s June 13, 2011 motion for appointment of counsel (Docket No. 3)
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is denied without prejudice to a renewal of the motion at a later stage of the proceedings.
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DATED: June 21, 2011
/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
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GGH:009/mp
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bass1592.100+
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