Hill v. Hedgepeth

Filing 28

ORDER by Judge James Donato denying 27 Motion to Appoint Counsel (lrcS, COURT STAFF) (Filed on 9/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEANDRE MAURICE HILL,

Case No. 12-cv-03873-JD

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Plaintiff,

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ORDER DENYING MOTION TO
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v.
APPOINT COUNSEL

United States District Court
Northern District of California

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ANTHONY HEDGEPETH,
Re: Dkt. No. 27

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Defendant.

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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus. This

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case is fully briefed as respondent filed an answer and petitioner has filed a traverse. Petitioner

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has now requested the appointment of counsel.

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The Sixth Amendment's right to counsel does not apply in habeas corpus actions.

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Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, 18 U.S.C. § 3006A(a)(2)(B)

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provides that in habeas cases, whenever “the court determines that the interests of justice so

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require”, representation may be provided for any financially eligible person. Petitioner has

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presented his claims adequately, and they are not particularly complex. The interests of justice do

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not require appointment of counsel, therefore the motion (Docket No. 27) is DENIED.

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IT IS SO ORDERED.
Dated: September 3, 2014
______________________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEANDRE MAURICE HILL,

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Case No. 12-cv-03873-JD

Plaintiff,
v.

CERTIFICATE OF SERVICE

ANTHONY HEDGEPETH,
Defendant.

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United States District Court
Northern District of California

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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 9/4/2014, 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.

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Deandre Maurice Hill ID: G-53079
CSP Solano State Prison A-6-117
2100 Peabody Road
P.O. Box 4000
Vacaville, CA 95696

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Dated: 9/4/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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