Gonzalez v. Gipson

Filing 11

ORDER by Judge Edward M. Chen Denying 10 Petitioner's Request for Counsel. Copy of Docket No. 5 (order) also included in mailing to Petitioner. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 8/2/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIGUEL 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-13-0964 EMC (pr)

CONNIE GIPSON, Warden,

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ORDER DENYING PETITIONER’S
REQUEST FOR COUNSEL

Respondent.
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Petitioner has filed a request for appointment of counsel to represent him in this action. A

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district court may appoint counsel to represent a habeas petitioner whenever “the court determines

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that the interests of justice so require” and such person is financially unable to obtain representation.

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18 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 here.

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The request for appointment of counsel is DENIED. (Docket # 10.)

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In his request for counsel, Petitioner stated that he had not received any mail from the Court

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other than the July 5, 2013 order extending deadlines. Petitioner’s failure to keep the Court

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informed of his current address was the cause of his failure to receive the other order. The Clerk

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will send to Petitioner a replacement copy of the order at Docket # 5. Petitioner is reminded that he

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must promptly notify the Court and opposing counsel any time he is moved to a new institution.

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IT IS SO ORDERED.

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Dated: August 2, 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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