March 22, 2011.
Shawn N. Anderson, Assistant U.S. Attorney, USYA-Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.
Jose Luis Manzo, Sheridan, OR, pro se.
D.C. Nos. 2:10-cv-03012-WFN, 2:07-cr-02088-WFN, Eastern District of Washington, Spokane.
Before: PETER L. SHAW, Appellate Commissioner.
The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.
Appellant's motion for appointment of counsel in this appeal from the denial of a 28 U.S.C. § 2255 motion is granted. See 18 U.S.C. § 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983) (per curiam). Counsel will be appointed by separate order.
The Clerk shall electronically serve this order on the appointing authority for the Eastern District of Washington, who will locate appointed counsel. The district court shall send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9. uscourts.gov within 14 days of locating counsel.
If new counsel identifies uncertified issues that should be raised on appeal, counsel shall include them in the opening brief as permitted by Ninth Circuit Rule 22-1(e).
The opening brief and excerpts of record are due May 9, 2011; the answering brief is due June 8, 2011; and the optional reply brief is due within 14 days after service of the answering brief.