Schultz

(HC) Fegan v. Schultz

Good Law
United States District Court, Eastern District of CaliforniaJanuary 24, 20251:24-cv-01250California324 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

STEPHEN FEGAN, Case No. 1:24-cv-01250-KES-SAB-HC

Petitioner, ORDER DENYING PETITIONER’S

MOTION FOR APPOINTMENT OF

v. COUNSEL

SCHULTZ, et al., (ECF No. 18)

Respondents.

16 Petitioner is a state prisoner who proceeded pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 19, 2024, this Court dismissed the petition as an unauthorized second or successive petition. (ECF No. 12.) On January 2, 2025, Petitioner filed a notice of appeal. (ECF No. 14.) The appeal was processed and is now pending before the Ninth Circuit. (ECF Nos. 15, 16.) On January 23, 2025, the Court received the instant motion for appointment of counsel. (ECF No. 18.) Petitioner has filed a notice of appeal, and “[o]nce a notice of appeal is filed, the district court loses jurisdiction over a case.” United States v. Sadler, 480 F.3d 932, 941 (9th Cir. 2007). See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58…

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