Burpee v. Hedgpeth

Filing 23

ORDER by Judge Edward M. Chen 20 Extending Traverse Deadline; and Denying 21 Request for Counsel. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 6/6/2013)

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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 EXTENDING TRAVERSE
DEADLINE AND DENYING REQUEST
FOR COUNSEL

Respondent.
___________________________________/

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Petitioner's request for an extension of time to file his traverse is GRANTED. (Docket #

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20.) On or before July 26, 2013, Petitioner must file and serve his traverse. No further extensions

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of the deadline should be expected.

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Petitioner has filed a second request for appointment of counsel to represent him in this

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action. A district court may appoint counsel to represent a habeas petitioner whenever "the court

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determines that the interests of justice so require" and such person is financially unable to obtain

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representation. 18 U.S.C. § 3006A(a)(2)(B). The decision to appoint counsel is within the

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discretion of the district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986).

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Appointment is mandatory only when the circumstances of a particular case indicate that appointed

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counsel is necessary to prevent due process violations. See id. The interests of justice do not require

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appointment of counsel here. The request for appointment of counsel is DENIED. (Docket # 21.)

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IT IS SO ORDERED.
Dated: June 6, 2013
_________________________
EDWARD M. CHEN
United States District Judge