Arizmendi v. Brazelton

Filing 24

ORDER by Judge Charles R. Breyer denying 22 Motion for Certificate of Appealability; denying 23 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (beS, COURT STAFF) (Filed on 1/14/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALEXANDER B. ARIZMENDI,
AE0789

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Petitioner,
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vs.
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P. BRAZELTON, Warden,
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Respondent.

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No. C 12-4555 CRB (PR)
ORDER DENYING MOTION
TO APPOINT COUNSEL AND
CERTIFICATE OF
APPEALABILITY

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Petitioner, a state prisoner at San Quentin State Prison, filed a writ of
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habeas corpus under 28 U.S.C. § 2254. The court denied the petition on the
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merits on November 19, 2013, and denied a certificate of appealability.
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Petitioner has filed motions seeking the appointment of counsel and for a
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certificate of appealability. A certificate of appealability is denied for the same
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reasons set forth in the prior court order. The denial of the certificate of
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appealability is without prejudice to petitioner seeking a certificate from the
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United States Court of Appeals for the Ninth Circuit.
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The Sixth Amendment's right to counsel does not apply in habeas corpus
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actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, 18
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U.S.C. § 3006A(a)(2)(B) provides that in habeas cases, whenever "the court

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determines that the interests of justice so require", representation may be

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provided for any financially eligible person. Petitioner presented his claims

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adequately, and they were not particularly complex. The interests of justice do

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not require appointment of counsel.
CONCLUSION

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1. The motion for a certificate of appealability (Docket No. 22) is
DENIED.
2. The motion to appoint counsel (Docket No. 23) is DENIED.

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SO ORDERED.

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DATED: Jan. 10, 2014

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.12\Arizmendi, A.12-4555.or2.wpd

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