Umejesi v. Riendeau
| IZUCHUKWU KINGSLEY UMEJESI |
| COREY RIENDEAU, Warden, FCI Berlin |
| 23-1416 |
| May 8, 2023 |
| U.S. Court of Appeals, First Circuit |
| General (Habeas Corpus) |
Docket Report
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| DOCKETING statement filed by Appellant Corey Riendeau. Served on 06/27/2023. [23-1416] (SRA) [Entered: 06/27/2023 09:49 AM] |
| NOTICE of appearance on behalf of Appellant Corey Riendeau filed by Attorney Seth R. Aframe. Served on 06/27/2023. [23-1416] (SRA) [Entered: 06/27/2023 09:51 AM] |
| BRIEFING schedule set. Brief and Appendix due 08/07/2023 for appellant Corey Riendeau. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [23-1416] (GB) [Entered: 06/27/2023 02:51 PM] |
| NOTICE issued. After 07/05/2023, the following attorney will no longer receive notice of court issued documents in this case unless she registers for an appellate ECF account: Sandra M. Gant for Izuchukwu Kingsley Umejesi. [23-1416] (GB) [Entered: 06/20/2023 05:12 AM] |
| Mail returned as undeliverable to Appellee Izuchukwu Kingsley Umejesi. Copy of order entered June 2, 2023. Forwarding address unknown (BOP website indicates defendant was released). [23-1416] (ATC) [Entered: 06/12/2023 03:09 PM] |
ORDER entered by Jeffrey R. Howard, Appellate Judge. Petitioner-Appellee Izuchukwu Kingsley Umejesi has filed motions to proceed in forma pauperis and for appointment of counsel. Attorney Cathy J. Green, who was appointed to represent Umejesi in the district court, has moved to withdraw. To the extent that this court's authorization is required, Umejesi's motion to proceed in forma pauperis is granted . As for the request for appointed counsel, a petitioner has no constitutional right to counsel in habeas proceedings. See Bucci v. United States , 662 F.3d 18, 34 (1st Cir. 2011); Ellis v. United States , 313 F.3d 636, 652 (1st Cir. 2002). We conclude, however, that appointment of counsel is warranted in this case. See 18 U.S.C. 3006A(a)(2)(B) (authorizing appointment of counsel for habeas petitioners when "the interests of justice so require"). Accordingly, Umejesi's motion for appointment of counsel is granted . Counsel from the Federal Public Defender Office for the Districts of Massachusetts, New Hampshire, and Rhode Island is appointed to represent Umejesi in this appeal. Attorney Green's motion to withdraw is granted . Finally, we note that Respondent-Appellant Corey Riendeau has not filed the forms described in the case opening notice issued on May 8, 2023. The deadline for filing these forms is hereby extended to 14 days after entry of this order. A briefing schedule will be set in the ordinary course. [23-1416] (GB) [Entered: 06/02/2023 11:19 AM]
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| SUPPLEMENTAL record filed. Docket entries: District Court Electronic Order entered on May 19, 2023 granting Motion to Withdraw as Attorney. [23-1416] (GB) [Entered: 05/22/2023 11:46 AM] |
| MOTION to proceed in forma pauperis, and MOTION for appointment of counsel filed by Appellee Izuchukwu Kingsley Umejesi. Served on 05/18/2023. [23-1416] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (CJG) [Entered: 05/18/2023 10:48 AM] |
| MOTION for Attorney Cathy Green to withdraw as counsel, and MOTION for appointment of Federal Defender as counsel filed by Appellee Izuchukwu Kingsley Umejesi. Served on 05/18/2023. [23-1416] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (CJG) [Entered: 05/18/2023 10:52 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #36) filed by Appellant Corey Riendeau. Appearance form, Docketing Statement and Transcript Report/Order form due 05/22/2023 . [23-1416] (GB) [Entered: 05/08/2023 01:36 PM] |
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