Randolph v. Brazelton

Filing 6

ORDER by Judge Charles R. Breyer denying 5 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (beS, COURT STAFF) (Filed on 1/14/2014)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 12 13 ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL Petitioner, 10 11 No. C 13-03264 CRB (PR) DONALD RANDOLPH, G34937, v. GARY SWARTHOUT, Warden, Respondent. / 14 15 Petitioner's request for appointment of counsel is DENIED without prejudice. See 16 Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986) (unless an evidentiary hearing is 17 required, the decision to appoint counsel in habeas corpus proceedings is within the 18 discretion of the district court). Petitioner clearly presented his claims for relief in the 19 petition and an order to show cause issued. Accord Bashor v. Risley, 730 F.2d 1228, 1234 20 (9th Cir. 1984) (although petitioner had no background in law, denial of appointment of 21 counsel within discretion of district court where petitioner clearly presented issues in petition 22 and accompanying memorandum). The court will appoint counsel on its own motion if an 23 evidentiary hearing is later required. See Knaubert, 791 F.2d at 728 (appointment of counsel 24 mandatory if evidentiary hearing is required). 25 26 27 28 The clerk shall terminate the motion in docket number 5. SO ORDERED. DATED: Jan. 14, 2014 CHARLES R. BREYER United States District Judge G:\PRO-SE\CRB\HC.13\Randolph, D.13-3264.denycounsel.wpd

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