(HC) Robinson v. Lewis ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JULIUS M. ROBINSON, No. 2:13-cv-0604 WBS AC P 12 Petitioner, 13 v. ORDER 14 G.W. LEWIS, 15 Respondent. 16 17 This habeas corpus case is before the court on remand from the Ninth Circuit. 18 Petitioner, who is currently incarcerated at the Pelican Bay State Prison, filed an 19 application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. This court 20 recommended granting respondent’s motion to dismiss (ECF No. 29), and the district court 21 subsequently adopted the recommendation (ECF No. 34). The district court issued a certificate of 22 appealability to the question of whether petitioner was entitled to gap tolling for the 66-day 23 interval between the Superior Court’s denial of habeas relief and his filing of a new petition in the 24 California Court of Appeal. ECF No. 34 at 2. 25 Petitioner timely appealed the district court’s decision. ECF No. 36. On appeal, David 26 Harshaw was appointed as petitioner’s counsel (see ECF No. 40), and on August 24, 2020, the 27 Ninth Circuit issued a memorandum reversing and remanding the district court’s order in this 28 case (ECF No. 42). 6 LDU VOUT RENN OU oe Pa ee AY ee 1 The court now sua sponte appoints counsel to continue petitioner’s representation on 2 || remand. Although there is no absolute right to appointment of counsel in habeas proceedings, see 3 || Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996), appointment of counsel is warranted “‘if the 4 | interests of justice so require.” See 18 U.S.C. § 3006A(a)(2)(B). In the present case, the court 5 || finds that the interests of justice would be served by appointment of counsel at this time. 6 Accordingly, IT IS HEREBY ORDERED that Assistant Federal Defenders David 7 | Harshaw and Carolyn M. Wiggin are appointed to represent petitioner. 8 IT IS SO ORDERED. 9 | DATED: September 21, 2020 , ~ ll UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28