Opinion
No. CIV S-04-1866 EJG GGH P.
August 15, 2006
ORDER
Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In 1995 petitioner was convicted of kidnapping for extortion and murder. Petitioner is serving a sentence of life without the possibility of parole plus 22 years. Pending before the court is respondent's August 4, 2006, motion to file an amended answer noticed for hearing October 5, 2006.
Petitioner was originally represented by attorney Frank Prantil who has since been disbarred. In light of the length of petitioner's sentence, the court has determined that the interests of justice require appointment of new counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Respondent's motion is vacated pending resolution of the issue of petitioner's representation.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent's August 4, 2006, motion to amend is vacated; the hearing set before the undersigned for October 5, 2006, regarding this motion is vacated;
2. The Federal Defender is appointed to represent petitioner;
3. Within thirty days of this order, petitioner's counsel shall file a status report addressing when an opposition to respondent's motion will be filed.
4. The Clerk of the Court shall electronically serve a copy of this order on David Porter, Assistant Federal Defender.