Greenlaw v. Mitchell et al

Filing 8

ORDER GRANTING MOTION TO FILE UNDER SEAL. Signed by Judge Jeffrey S. White on 1/31/13. (jjoS, COURT STAFF) (Filed on 1/31/2013) Modified on 1/31/2013 (jjoS, COURT STAFF).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ROSEMARY GREENLAW, 10 11 12 13 Petitioner, vs. SHEILA MITCHELL, et al., Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) No. C 12-1598 JSW (PR) ORDER (Docket No. 7) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a prisoner of the State of California, has filed a habeas corpus petition pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion to file a document under seal. Local Rule 79-5(b) provides that "[n]o document shall be filed under seal except pursuant to a Court order that authorizes the sealing of the particular document or portion thereof and is narrowly tailored to seal only that material for which good cause to seal has been established." The commentary to the local rule indicates, in pertinent part, that the material requested to be filed under seal should have a "compelling need for confidentiality" and specifically directs that "[c]ounsel should not attempt to seal entire pleadings or memoranda required to be filed pursuant to the Federal Rules of Civil Procedure or these Local Rules." Petitioner has met these requirements and the motion to file a document under seal is GRANTED. 1 Petitioner has also filed a motion for appointment of counsel. The Sixth 2 Amendment's right to counsel does not apply in habeas corpus actions. Knaubert v. 3 Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, 18 U.S.C. § 3006A(a)(2)(B) 4 authorizes a district court to appoint counsel to represent a habeas petitioner whenever 5 "the court determines that the interests of justice so require and such person is financially 6 unable to obtain representation." 7 Petitioner has presented her claims ably in the petition, and they are not 8 particularly complex. The Court determines that the interests of justice do not require 9 appointment of counsel at this stage of the case. If the circumstances of the case 10 materially change the Court will on its own reconsider this decision. The motion is 11 DENIED. 12 13 Petitioner is granted a ninety-one (91) day extension of time to file a “notice of election” pursuant to docket number 6 from the date this order is filed. 14 This order terminates docket number 7. 15 IT IS SO ORDERED. 16 DATED: January 31, 2013 JEFFREY S. WHITE United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 ROSEMARY BELLE GREENLAW, Case Number: CV12-01598 JSW 7 Plaintiff, CERTIFICATE OF SERVICE 8 9 10 v. SHEILA MITCHELL, ET AL. et al, Defendant. / 11 12 13 14 15 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 January 31, 2013, 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 Rosemary Belle Greenlaw 825 Villa Avenue San Jose, CA 95126-2461 Dated: January 31, 2013 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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