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Petitioner alleges a due process violation stemming from a finding of unsuitability for
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parole after his third parole hearing. Petitioner was convicted of second degree murder.
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
GARY RUSSELL BOUSAMRA,
Petitioner,
No. CIV S-07-0019 FCD CMK P
vs.
D.K. SISTO, et al.,
ORDER
Respondents.
/
Petitioner is a state prisoner proceeding pro se and in forma pauperis with an
application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing
fee.
Since petitioner may be entitled to the requested relief if the claimed violation of
constitutional rights is proved, respondents will be served with the petition, but shall not file a
response at the present time.
In light of the relief that petitioner is seeking , the court has determined that the
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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).
Case 2:07-cv-00019-FCD-CMK Document 6 Filed 01/18/2007 Page 1 of 3
(HC) Bousamra vs. Sisto, et al
Doc. 6
Dockets.Justia.com
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If not all claims in the original petition are exhausted, an amended “exhausted claims
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only” petition must be filed along with the statement indicating petitioner’s intent to pursue
unexhausted claims. Of course, if no claims in the original petition have been exhausted, the
case must be dismissed as opposed to stayed.
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Accordingly, IT IS HEREBY ORDERED that:
1. The Federal Defender is appointed to represent petitioner;
2. The Clerk of the Court is directed to serve a copy of petitioner’s habeas corpus
application and a copy of this order on David M. Porter, Assistant Federal Defender.
3. Petitioner’s counsel shall contact the Clerk’s Office to make arrangements for
copies of other