Free Order on Motion to Appoint Counsel - District Court of California - California

Case 3:07-cv-04804-JSW

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Filed 05/28/2008

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GEORGE RUIZ, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) No. C 07-4804 JSW (PR) ORDER DENYING APPOINTMENT OF COUNSEL; GRANTING REQUEST TO CONDUCT LIMITED DISCOVERY AND EXTENSION OF TIME (Docket Nos. 9 & 13)

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Petitioner,

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vs.

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ROBERT HOREL, WARDEN,

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Respondent

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Petitioner, a prisoner of the State of California, currently incarcerated at Pelican Bay State Prison in Crescent City, California, has filed a habeas corpus petition pursuant to 28 U.S.C. § 2254 challenging the Board of Prison Terms ("BPT") denial of parole

during parole suitability proceedings. Petitioner's motion for appointment of counsel is
DENIED for want of a showing of exceptional circumstances, or that an evidentiary hearing is necessary at this time. Petitioner's request to conduct discovery limited to the issues identified in his motion is GRANTED provided such discovery conforms to the Federal Rules Governing Habeas Corpus Cases under 28 U.S.C. § 2254, and the applicable local rules. Good cause appearing, Petitioner's request for an extension of time in which to file a traverse is GRANTED. The traverse is due on June 30, 2008. This order terminates Docket Nos. 9 & 13. IT IS SO ORDERED. DATED: May 28, 2008 JEFFREY S. WHITE United States District Judge

Case 3:07-cv-04804-JSW

Document 14

Filed 05/28/2008

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v. ROBERT HOREL et al, Defendant. GEORGE RUIZ, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-04804 JSW CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 28, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. George Ruiz B82089 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 Dated: May 28, 2008 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk