Samayoa

Samayoa v. Hickman

Good Law
United States District Court, Southern District of CaliforniaAugust 21, 20193:00-cv-02118California285 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 RICHARD SAMAYOA, Case No.: 00cv2118-W

Petitioner,

ORDER PURSUANT TO REMAND

v. DIRECTING BRIEFING ON

APPOINTMENT OF ADDITIONAL

RONALD DAVIS, Warden,

COUNSEL

Respondent. 18 This Court previously issued an Order denying Petitioner’s motion to appoint additional counsel. (See ECF No. 112.) Petitioner appealed the decision, and the Ninth Circuit reversed and remanded the case to this Court “to determine whether appointment of additional counsel to represent Richard Samayoa is appropriate under” 18 U.S.C. § 3599. Samayoa v. Davis, 928 F.3d 1127, 1128 (9th Cir. July 3, 2019). According to the Ninth Circuit, the primary issue under the statute “is whether a petitioner is ‘financially unable’ to obtain adequate representation….” Id. at 1132. Accordingly, pursuant to the remand, the Court ORDERS as follows: 1. On or before Friday, September 6, 2019, Petitioner shall submit a…

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