Carter v. People of the State California

Filing 34

ORDER EXTENDING TIME. Signed by Judge Richard Seeborg on 2/25/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 2/25/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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CHARLES JOSEPH CARTER,
Petitioner,

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No. C 11-1242 RS (PR)
ORDER EXTENDING TIME

v.
GARY SWARTHOUT, Warden,
Respondent.
/

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Petitioner’s motion to extend time to file a traverse (Docket No. 32) is GRANTED.

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The traverse shall be filed on or before April 15, 2013. Petitioner’s motion to grant relief

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(Docket No. 31) is DENIED. His motion to appoint counsel (Docket No. 27) is DENIED.

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There is no right to counsel in habeas corpus actions. See Knaubert v. Goldsmith, 791 F.2d

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722, 728 (9th Cir. 1986). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes a district court to

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appoint counsel to represent a habeas petitioner whenever “the court determines that the

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interests of justice so require” and such person is financially unable to obtain representation.

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The decision to appoint counsel is within the discretion of the district court, see Chaney v.

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Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), and should be granted only when exceptional

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circumstances are present. See generally 1 J. Liebman & R. Hertz, Federal Habeas Corpus

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No. C 11-1242 RS (PR)
ORDER EXTENDING TIME

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Practice and Procedure § 12.3b at 383–86 (2d ed. 1994). Petitioner has not shown that there

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are exceptional circumstances warranting appointment of counsel. The Clerk shall terminate

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Docket Nos. 27, 31, and 32.

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IT IS SO ORDERED.
DATED: February 25, 2013
RICHARD SEEBORG
United States District Judge

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United States District Court
For the Northern District of California

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No. C 11-1242 RS (PR)
ORDER EXTENDING TIME