Vaughn v. McDonald

Filing 7

ORDER TO SHOW CAUSE; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS; DENYING APPOINTMENT OF COUNSEL. Signed by Judge Thelton E. Henderson on 12/14/2011. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 12/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C-11-4274 TEH (PR)

CHRISTOPHER L. VAUGHN,
Petitioner,

ORDER TO SHOW CAUSE; GRANTING
LEAVE TO PROCEED IN FORMA
PAUPERIS; DENYING APPOINTMENT
OF COUNSEL

v.
MICHAEL D. MCDONALD, Warden,

(Doc. ## 2, 3 & 5)

Respondent.

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Petitioner, a state prisoner incarcerated at High Desert

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State Prison in Susanville, California, has filed a pro se Petition

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for a Writ of Habeas Corpus under 28 U.S.C. § 2254 challenging a

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judgment of conviction from Alameda County Superior Court.

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He also seeks appointment of counsel (Doc. #2) and leave to proceed

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in forma pauperis.

Doc. #1.

Doc. ## 3 & 5.

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I
According to the Petition, in 2006, Petitioner was

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sentenced to 16 years in state prison following his convictions by

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jury in Alameda County Superior Court of various sexual assault

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crimes against minor victims.

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conviction relief in the state superior and appellate courts until

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the California Supreme Court denied his petition for review on

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August 11, 2010.

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Writ of Habeas Corpus followed.

Doc. #1.

Doc. #1 at 14.

Petitioner sought post-

The instant federal Petition for a

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II

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This Court may entertain a petition for a writ of habeas
corpus “in behalf of a person in custody pursuant to the judgment of

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United States District Court
For the Northern District of California

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a State court only on the ground that he is in custody in violation

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of the Constitution or laws or treaties of the United States.”

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U.S.C. § 2254(a).

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directing the respondent to show cause why the writ should not be

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granted, unless it appears from the application that the applicant

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or person detained is not entitled thereto.”

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It shall “award the writ or issue an order

Id. § 2243.

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Petitioner seeks federal habeas corpus relief by alleging

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the “sole contention” that the evidence was insufficient to support

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the charge of continuous sexual abuse against “Jane Doe,” the victim

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charged in Count Nine.

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Petitioner’s claim appears cognizable under 28 U.S.C. § 2254 and

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merits an Answer from Respondent.

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1015, 1020 (9th Cir. 2001) (federal courts must construe pro se

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petitions for writs of habeas corpus liberally).

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Doc. #1 at 6 & 9–12.

Liberally construed,

See Zichko v. Idaho, 247 F.3d

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III

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The Sixth Amendment’s right to counsel does not apply in

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habeas proceedings.

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Cir. 1986).

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authorized to appoint counsel to represent a habeas petitioner

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whenever “the court determines that the interests of justice so

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require and such person is financially unable to obtain

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representation.”

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Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th

Pursuant to statute, however, a district court is

Id.; see 18 U.S.C. § 3006A(a)(2)(B).

Here, Petitioner’s claim was adequately presented in the

United States District Court
For the Northern District of California

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Petition.

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justice do not require appointment of counsel in the instant case.

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The Court will, however, appoint counsel on its own motion if an

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evidentiary hearing is later required.

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728 (appointment of counsel mandatory if evidentiary hearing is

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required).

Consequently, at the present time, the interests of

See Knaubert, 791 F.2d at

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IV

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For the foregoing reasons and for good cause shown,

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1.

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Petitioner’s requests to proceed in forma pauperis

(Doc. ## 3 & 5) are GRANTED.
2.

Petitioner’s request for appointment of counsel

(Doc. #2) is DENIED.
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The Clerk shall serve by certified mail a copy of

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this Order and the Petition, and all attachments thereto, on

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Respondent and Respondent’s attorney, the Attorney General of the

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State of California.

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Order on Petitioner.

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The Clerk also shall serve a copy of this

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Respondent shall file with the Court and serve on

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Petitioner, within sixty (60) days of the issuance of this Order, an

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Answer conforming in all respects to Rule 5 of the Rules Governing

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Section 2254 Cases, showing cause why a writ of habeas corpus should

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not be granted.

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Petitioner a copy of all portions of the state trial record that

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have been transcribed previously and that are relevant to a

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determination of the issues presented by the Petition.

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Respondent shall file with the Answer and serve on

If Petitioner wishes to respond to the Answer, he shall do

United States District Court
For the Northern District of California

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so by filing a Traverse with the Court and serving it on Respondent

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within thirty (30) days of his receipt of the Answer.

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5.

In lieu of an Answer, Respondent may file a Motion to

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Dismiss on procedural grounds, as set forth in the Advisory

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Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases.

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If Respondent files such a motion, Petitioner shall file with the

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Court and serve on Respondent an Opposition or Statement of

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Non-Opposition within thirty (30) days of receipt of the motion, and

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Respondent shall file with the Court and serve on Petitioner a Reply

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within fifteen (15) days of receipt of any Opposition.

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Petitioner is reminded that all communications with

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the Court must be served on Respondent by mailing a true copy of the

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document to Respondent’s counsel.

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Court and all parties informed of any change of address.

Petitioner also must keep the

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IT IS SO ORDERED.

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DATED

12/14/2011
THELTON E. HENDERSON
United States District Judge

United States District Court
For the Northern District of California

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G:\PRO-SE\TEH\HC.11\Vaughn-11-4274-osc-grant ifp-deny counsel.wpd

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