Watkins v. Evans

Filing 45

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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