Opinion
2:24-cv-00098-JNW-TLF
04-16-2024
ORDER RE-NOTING SECOND MOTION TO APPOINT COUNSEL AND REQUESTING EVIDENTIARY HEARING AND DIRECTING RESPONSE
THERESA L. FRICKE, UNITED STATES MAGISTRATE JUDGE.
This is a federal habeas action filed under 28 U.S.C. § 2254. The Court has directed service of the petition upon the respondent and the respondent's answer is not yet due. Dkt. 5. The Court has also directed the respondent to file a response to the petitioner's first motion to appoint counsel (Dkt. 4) by May 3, 2024, and has noted that motion for May 10, 2024. Id. Petitioner has now filed a second motion to appoint counsel and also requests an evidentiary hearing (Dkt. 7).
To allow the respondent sufficient time to prepare a response to the petition and the new motion, the Court re-notes the second motion to appoint counsel and request for evidentiary hearing (Dkt. 7) to May 10, 2024. Respondent is directed to file a response to the motion (Dkt. 7) by May 3, 2024. Petitioner may reply by May 10, 2024.