Watkins v. Evans
Filing
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ORDER DENYING PETITIONER'S APPLICATION FOR APPOINTMENT OF COUNSEL ON APPEAL. Signed by Judge Maxine M. Chesney on December 21, 2012. (mmclc1, COURT STAFF) (Filed on 12/21/2012) (Additional attachment(s) added on 12/21/2012: # 1 Certificate of Service) (tlS, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
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NATHANIEL WATKINS,
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Petitioner,
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No. C-09-3071 MMC
ORDER DENYING PETITIONER’S
APPLICATION FOR APPOINTMENT OF
COUNSEL ON APPEAL
v.
ANTHONY HEDGPETH,
Respondent.
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Before the Court is petitioner’s “Application for Appointment of Counsel on Appeal,“
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filed November 29, 2012. Having read and considered the application, the Court rules as
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follows.
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The Sixth Amendment's right to counsel does not apply in habeas corpus actions.
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See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). A district court has
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discretion, however, to appoint counsel to represent a habeas petitioner whenever “the
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court determines that the interests of justice so require and such person is financially
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unable to obtain representation.” See 18 U.S.C. § 3006A(a)(2)(B)
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Here, petitioner fails to show that the interests of justice require the Court to
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undertake a search for volunteer counsel to represent petitioner for purposes of appeal,
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particularly given that petitioner’s notice of appeal was filed more than four months after
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judgment was entered, and, consequently, is untimely. See Fed. R. App. P. 4(a)(1)
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(providing notice of appeal must be filed within 30 days after entry of judgment); Bowles v.
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Russell, 551 U.S. 205, 209 (2007) (holding thirty-day deadline set forth in Rule 4(a)(1) is
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“mandatory and jurisdictional”).
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Accordingly, petitioner’s application for appointment of counsel is hereby DENIED.
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IT IS SO ORDERED.
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Dated: December 21, 2012
MAXINE M. CHESNEY
United States District Judge
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