ORDER ADMINISTRATIVELY CLOSING APPEAL, TRANSFERRING DOCUMENTS, AND OF LIMITED REMAND FOR APPOINTMENT OF COUNSEL
Docket No. 87042 is a pro se appeal from a judgment of conviction. The clerk of this court inadvertently docketed the appeal in Docket No. 88317 as a separate matter when appellant filed a second notice of appeal challenging the same order. Accordingly, the clerk of this court is directed to administratively close the appeal in Docket No. 88317 and transfer to Docket No. 87042 all documents filed or received in that matter.
This pro se appeal from a judgment of conviction is remanded to the district court for the limited purpose of securing counsel for appellant. See Evitts v. Lucey, 469 U.S. 387 (1985). If appellant is indigent, the district court shall have 30 days from the date of this order to appoint counsel for appellant. Otherwise, within 30 days from the date of this order, the district court shall order that appellant must retain counsel and that retained counsel must enter an appearance in the district court on appellants behalf within 30 days from the date of the district courts order. Within 5 days from the appointment or appearance of counsel, the district court clerk shall transmit to the clerk of this court: (1) a copy of the district courts written or minute order appointing appellate counsel; or (2) a copy of the notice of appearance filed by retained counsel.
It is so ORDERED.