Opinion
No. CIV S-07-0168 DFL DAD P.
March 2, 2007
ORDER
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
Petitioner, by and through the Office of the Federal Defender, has also filed an application for appointment of counsel and a supplemental application to appoint counsel. 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).
Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's application.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Respondents are directed to file an answer within forty-five days from the date of this order. See Rule 4, Rules Governing Section 2254 Cases. Respondents shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application. Rule 5, Rules Governing Section 2254 Cases;
2. Petitioner's traverse, if any, is due on or before thirty days from the date respondents' answer is filed;
3. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for writ of habeas corpus on Michael Patrick Farrell, Senior Assistant Attorney General;
4. The Federal Defender is appointed to represent petitioner;
5. The Clerk of the Court is directed to serve a copy of the petition and this order on Ann C. McClintock, Assistant Federal Defender; and
6. Petitioner's counsel shall contact the Clerk's Office to make arrangements for copies of documents in the file.