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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL

Petitioner,

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No. C 13-03264 CRB (PR)

DONALD RANDOLPH, G34937,

v.
GARY SWARTHOUT, Warden,
Respondent.

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Petitioner's request for appointment of counsel is DENIED without prejudice. See

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Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986) (unless an evidentiary hearing is

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required, the decision to appoint counsel in habeas corpus proceedings is within the

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discretion of the district court). Petitioner clearly presented his claims for relief in the

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petition and an order to show cause issued. Accord Bashor v. Risley, 730 F.2d 1228, 1234

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(9th Cir. 1984) (although petitioner had no background in law, denial of appointment of

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counsel within discretion of district court where petitioner clearly presented issues in petition

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and accompanying memorandum). The court will appoint counsel on its own motion if an

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evidentiary hearing is later required. See Knaubert, 791 F.2d at 728 (appointment of counsel

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mandatory if evidentiary hearing is required).

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The clerk shall terminate the motion in docket number 5.
SO ORDERED.
DATED: Jan. 14, 2014
CHARLES R. BREYER
United States District Judge
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