Bonta

(HC) Deary-Smith v. Bonta

Good Law
United States District Court, Eastern District of CaliforniaJuly 22, 20202:20-cv-00572California416 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RASHID DESHAWN DEARY-SMITH, No. 2:20-cv-00572 KJM GGH P Petitioner, v. ORDER STUART SHERMAN, Respondent. 16 Petitioner is a state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In light of petitioner’s inability, coupled potentially with petitioner’s brain injury, to provide the court with information necessary to determine whether a meritorious claim of any nature has been presented in petitioner’s habeas petition, 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). The first amended petition will be dismissed, and appointed counsel will be granted sixty days in which to file an amended petition. The court will appoint counsel for the limited purpose of representing petitioner in the filing of his Second Amended Petition. The filing of the…

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