Gutierrez v. Evans

Filing 20

ORDER GRANTING MOTIONS TO EXTEND TIME by Judge William Alsup granting 5 Motion for Extension of Time to File Response/Reply ; granting 6 Motion for Extension of Time to File Response/Reply ; denying 8 Motion to Appoint Counsel ; granting 11 Motion for Extension of Time to Answer ; granting 17 Motion for Extension of Time to File Response/Reply (Attachments: # 1 Certificate of Service) (dt, COURT STAFF) (Filed on 9/11/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSE ROBERT GUTIERREZ, Petitioner, v. M. S. EVANS, Warden, Respondent. / No. C 08-3286 WHA (PR) ORDER GRANTING MOTIONS TO EXTEND TIME (Docket Nos. 5, 6, 8, 11, 17) Petitioner, a California prisoner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Good cause appearing, respondent's motions for an extension of time in which to answer the petition (docket numbers 5, 6, 11) and petitioner's motion for an extension of time to file a traverse (docket number 17) are GRANTED. Petitioner has filed a motion for appointment of counsel. The Sixth Amendment's right to counsel does not apply in habeas corpus actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.), cert. denied, 479 U.S. 867 (1986). However, 18 U.S.C. 3006A(a)(2)(B) authorizes a district court to appoint counsel to represent a habeas petitioner whenever "the court determines that the interests of justice so require and such person is financially unable to obtain 1 2 3 4 5 6 7 8 9 10 representation." Petitioner has presented his claims adequately in the petition, and they are not particularly complex. The interests of justice do not require appointment of counsel at this stage of the case. Petitioner's motion for appointment of counsel (docket number 8) is DENIED. IT IS SO ORDERED. Dated: September 11, 2009 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 G:\PRO-SE\WHA\HC.08\GUTIERREZ3286.MOT.wpd

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