(HC)Brundidge

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARSENIO C. BRUNDIDGE, No. 1:24-cv-00245-JLT-HBK (HC) Petitioner, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

v. (Doc. No. 13) B.M. TRATE, Warden, Respondent. 16 Pending before the court is Petitioner’s motion to appoint counsel. (Doc. No. 13). Petitioner, a federal prisoner, is proceeding pro se on a first amended petition for writ of habeas corpus filed under 28 U.S.C. § 2241. (Doc. No. 8, “Amended Petition”). Petitioner requests the court to appoint counsel to “aid and assi[s]t in his § 2241.” (Doc. No. 13 at 1-3). Petitioner also requests that his ineffective assistance claim be withdrawn as moot and argues his January 2016 sentencing under § 924(e) violated his due process rights. (Id. at 4-7). Petitioner’s Amended Petition raised two grounds: (1) based on Supreme Court holdings in United States v. Haymond, 588 U.S. ---, 139 S. Ct. 2369 and Apprendi v. New Jersey, 530 U.S. 466 (2000), Petitioner is actually innocent of his…