Burpee v. Hedgpeth
Filing
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ORDER by Judge Edward M. Chen Granting 5 Petitioner's Second Motion for Leave to Proceed In Forma Pauperis; Denying 11 Petitioner's Motion to Appoint Counsel; Granting 13 Respondent's Motion for Extension of Time to Answer; Denying 14 Petitioner's Motion for Default Judgment. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 1/7/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TODD D. BURPEE,
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Petitioner,
v.
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For the Northern District of California
United States District Court
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No. C-12-3717 EMC (pr)
A. HEDGPETH, Warden,
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ORDER
Respondent.
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Respondent’s request for an extension of time to respond to the petition for writ of habeas
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corpus is GRANTED. (Docket # 13.) The Court now sets the following new briefing schedule on
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the petition: On or before February 28, 2013, Respondent must file and serve on Petitioner his
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response. On or before March 29, 2013, Petitioner must file and serve on Respondent’s counsel his
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traverse.
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Petitioner has requested that counsel be appointed to represent him in this action. A district
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court may 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. 18
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U.S.C. § 3006A(a)(2)(B). The decision to appoint counsel is within the discretion of the district
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court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). Appointment is mandatory only
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when the circumstances of a particular case indicate that appointed counsel is necessary to prevent
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due process violations. See id. The interests of justice do not require appointment of counsel at this
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time. The request for appointment of counsel is DENIED. (Docket # 11.)
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Petitioner’s second in forma pauperis application is GRANTED. (Docket # 5.)
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Petitioner’s request for default judgment is DENIED. (Docket # 14.) Respondent was not
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and is not in default. Further, the availability of habeas relief by default is at least doubtful. See
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Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990) (“failure to respond to claims raised in a
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petition for habeas corpus does not entitle the petitioner to a default judgment”).
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IT IS SO ORDERED.
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Dated: January 7, 2013
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_________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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