Milinich v. Ahlin

Filing 7

ORDER Denying Request For Appointment of Counsel re 4 Request filed by Jeffery W. Milinich, Motions terminated:. Signed by Judge Charles R. Breyer on 3/12/10. (Attachments: # 1 Certificate of Service)(fj, COURT STAFF) (Filed on 3/15/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\CRB\HC.09\Milinich, J1.or1.wpd IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JEFFERY W MILINICH, Petitioner, v. PAM AHLIN, Respondent(s). / No. C 09-02612 CRB (PR) ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL Petitioner's request for appointment of counsel is DENIED without prejudice. See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986) (unless an evidentiary hearing is required, the decision to appoint counsel in habeas corpus proceedings is within the discretion of the district court). Petitioner clearly presented his claims for relief in the petition and an order to show cause issued. Accord Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984) (although petitioner had no background in law, denial of appointment of counsel within discretion of district court where petitioner clearly presented issues in petition and accompanying memorandum). The court will appoint counsel on its own motion if an evidentiary hearing is later required. See Knaubert, 791 F.2d at 728 (appointment of counsel mandatory if evidentiary hearing is required). The clerk shall terminate the motion in docket number 4. SO ORDERED. DATED: March 12, 2010 CHARLES R. BREYER United States District Judge

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