Barrow v. Swarthout

Filing 17

ORDER DENYING 16 MOTION to Appoint Counsel. Signed by Judge Jeffrey S. White on 11/7/11. (jjoS, COURT STAFF) (Filed on 11/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RAEKUBIAN BARROW,

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Petitioner,
vs.
SWARTHOUT, Warden,
Respondent.

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No. C 10-1521 JSW (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

(Docket No. 16)

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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. 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
representation."
Petitioner has presented his claims ably in the petition, and they are not particularly
complex. The Court determines that the interests of justice do not require appointment of
counsel at this stage of the case. The motion is DENIED.
This order terminates docket number 16.
IT IS SO ORDERED.
DATED: November 7, 2011
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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RAEKUBIAN A. BARROW,
Plaintiff,

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Case Number: CV10-01521 JSW
CERTIFICATE OF SERVICE

v.
SWARTHOUT et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 7, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Raekubian A. Barrow
Solano State Prison
G16543
P.O. Box 4000
Vacaville, CA 95696
Dated: November 7, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk