Gonzalez v. Knipp

Filing 30

ORDER by Judge Edward M. Chen Denying Counsel 29 and Extending Traverse Deadline 28 . (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 10/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIEGO GONZALEZ,

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Petitioner,

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v.

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For the Northern District of California

United States District Court

No. C-12-4557 EMC (pr)

WILLIAM KNIPP, Warden,

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ORDER DENYING COUNSEL AND
EXTENDING TRAVERSE DEADLINE

Respondent.
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Petitioner has requested appointment of counsel 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 in this

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action; the two claims remain for adjudication were briefed in the state court appeal by appellate

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counsel. The request for appointment of counsel is DENIED. Docket # 29.

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Petitioner’s request for an extension of the deadline to file his traverse is GRANTED.
Docket # 28. Petitioner must file and serve his traverse on or before November 7, 2014.

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IT IS SO ORDERED.

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Dated: October 6, 2014

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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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