Noel v. Walker

Filing 28

ORDER by Judge Edward M. Chen Denying 24 Petitioner's Motion; Granting 25 26 27 Petitioner's Motion/Requests for Extension of Time; and Denying 25 Petitioner's Request for Appointment of Counsel. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 1/18/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICK E. NOEL,

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Petitioner,

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ORDER DENYING PETITIONER'S
"MOTION TO DISMISS, GRANTING
WRIT OF HABEAS CORPUS";
GRANTING PETITIONER'S
MOTION/REQUESTS FOR EXTENSION
OF TIME; AND DENYING
PETITIONER'S REQUEST FOR
APPOINTMENT OF COUNSEL

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(Docket Nos. 24-27)

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v.

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For the Northern District of California

United States District Court

No. C-08-3777 EMC (pr)

JAMES WALKER, Warden,

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Respondent.
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Petitioner filed a "motion to dismiss, granting writ of habeas corpus," in which he urged the

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Court to grant his habeas petition because respondent had not filed an answer. However,

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Respondent did file an answer before the extended deadline. Petitioner's motion is DENIED.

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(Docket # 24.)

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Petitioner also requested an extension of the deadline for his traverse. Upon due

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consideration, the request is GRANTED. (Docket # 25, # 26, # 27.) No later than February 13,

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2012, Petitioner must file and serve his traverse.

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In his request for extension of the deadline to file his traverse, Petitioner renewed his request

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for appointment of counsel. (The Court denied an earlier request for counsel in a January 21, 2009

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order.) A district court may appoint counsel to represent a habeas petitioner whenever "the court

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determines that the interests of justice so require and such person is financially unable to obtain

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representation." 18 U.S.C. § 3006A(a)(2)(B). The decision to appoint counsel is within the

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discretion of the district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986).

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Appointment is mandatory only when the circumstances of a particular case indicate that appointed

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counsel is necessary to prevent due process violations. See id. The interests of justice do not require

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appointment of counsel at this time. The request for appointment of counsel is DENIED. (Docket #

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25.)

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Petitioner stated in a recent filing that he "has not herd (sic) any thing regarding the

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Reassignment order dated 6-6-11? Requesting a Joint Case Management Conference Statement."

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(Docket # 24.) The reassignment simply means that a new judge is now presiding over the case.

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The case management conference statements are not necessary in this habeas action. At this time,

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the Court is waiting for Petitioner to file his traverse. Once Petitioner files his traverse (or the

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For the Northern District of California

United States District Court

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deadline to do so passes), the petition will be taken under submission for decision.
This order disposes of Docket Nos. 24, 25, 26, and 27.

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IT IS SO ORDERED.

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Dated: January 18, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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