(HC) Walker v. Hixton

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TYRONE WALKER, No. 2:23-cv-2711-DC-SCR 12 Petitioner, 13 v. ORDER 14 A. HIXTON, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with an application 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This case was stayed by order dated 19 August 15, 2024 to permit petitioner to exhaust his state court remedies with respect to his 20 ineffective assistance of counsel claim. See ECF No. 15. On May 22, 2025, petitioner filed his 21 first status report in which he requests the appointment of counsel. ECF No. 19. This status 22 report does not provide the court with sufficient information about any pending state habeas 23 petition to determine whether a continued stay of this case is appropriate. In light of the 24 complexity of the legal issues involved, the court has determined that the interests of justice 25 require appointment of counsel including any necessary “ancillary matters appropriate to the 26 proceedings.” See 18 U.S.C. § 3006A(a)(2)(B); 18 U.S.C. § 3006A(c); see also Weygandt v. 27 Look, 718 F.2d 952, 954 (9th Cir. 1983). 28 ///// ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The Federal Defender is appointed to represent petitioner. 3 2. The Clerk of the Court shall serve a copy of this order on the Federal Defender, 4 | Attention: Habeas Appointment. 5 3. Counsel for petitioner shall file a status report with the court no later than 90 days from 6 || the date of this order explaining what state court remedies remain unexhausted, any anticipated 7 || state habeas petitions to be filed, and whether a continued stay remains appropriate in this case. 8 4. The Clerk of the Court is directed to serve a copy of this order on the office of the 9 || Federal Defender. 10 | DATED: June 12, 2025 md 1] 12 SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28