Randolph v. Brazelton
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL
No. C 13-03264 CRB (PR)
DONALD RANDOLPH, G34937,
GARY SWARTHOUT, Warden,
Petitioner's request for appointment of counsel is DENIED without prejudice. See
Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986) (unless an evidentiary hearing is
required, the decision to appoint counsel in habeas corpus proceedings is within the
discretion of the district court). Petitioner clearly presented his claims for relief in the
petition and an order to show cause issued. Accord Bashor v. Risley, 730 F.2d 1228, 1234
(9th Cir. 1984) (although petitioner had no background in law, denial of appointment of
counsel within discretion of district court where petitioner clearly presented issues in petition
and accompanying memorandum). The court will appoint counsel on its own motion if an
evidentiary hearing is later required. See Knaubert, 791 F.2d at 728 (appointment of counsel
mandatory if evidentiary hearing is required).
The clerk shall terminate the motion in docket number 5.
DATED: Jan. 14, 2014
CHARLES R. BREYER
United States District Judge
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