Driver v. McDonald et al

Filing 25

ORDER DENYING APPOINTMENT OF COUNSEL AND EXTENDING DEADLINE (SI, COURT STAFF) (Filed on 5/25/2011) (Additional attachment(s) added on 5/25/2011: # 1 Envelope) (tf, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY DRIVER,

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United States District Court
For the Northern District of California

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No. C 10-2564 SI (pr)

Petitioner,

ORDER DENYING APPOINTMENT
OF COUNSEL AND EXTENDING
DEADLINE

v.
MIKE McDONALD, warden,
Respondent.
/

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Petitioner has filed a request for appointment of counsel in which he states that

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appointment of counsel for an indigent petitioner is mandatory under the California Rules of

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Court when the court issues an order to show cause. The California Rules of Court apply to

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California state courts but do not govern the conduct of cases in the federal courts even if the

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federal courts are located in California. A federal district court may appoint counsel to represent

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a habeas petitioner whenever "the court determines that the interests of justice so require and

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such person is financially unable to obtain representation." 18 U.S.C. § 3006A(a)(2)(B). The

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decision to appoint counsel is within the discretion of the district court. See Chaney v. Lewis,

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801 F.2d 1191, 1196 (9th Cir. 1986). Appointment is mandatory only when the circumstances

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of a particular case indicate that appointed counsel is necessary to prevent due process

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violations. See id. Petitioner's two cognizable claims were argued on appeal in state court by

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his appointed counsel. The interests of justice do not require appointment of counsel in this

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action. The request for appointment of counsel is DENIED. (Docket # 24.)

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The court now sua sponte extends the deadline for petitioner to file his traverse: Petitioner
must file and serve his traverse no later than June 30, 2011.
IT IS SO ORDERED.
DATED: May 24, 2011
SUSAN ILLSTON
United States District Judge

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