Ellis v. Koehen

Filing 18

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL; GRANTING EXTENSION OF TIME TO FILE A TRAVERSE re 17 Letter filed by Demeaka L. Ellis. Signed by Judge Jon S. Tigar on March 17, 2016. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 3/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEMEAKA L. ELLIS,

Case No. 14-cv-05579-JST (PR)

Petitioner,
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v.
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BRIAN KOEHN, Warden,

United States District Court
Northern District of California

Respondent.

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL;
GRANTING EXTENSION OF TIME TO
FILE A TRAVERSE
Re: Dkt. No. 17

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Petitioner, a prisoner of the State of California proceeding pro se, has filed a habeas corpus

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petition pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his state court

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conviction. Respondent was ordered to show cause why the petition should not be granted based

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upon the claims set forth therein. Respondent has filed an answer. Now before the Court are

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petitioner’s: (1) motion for appointment of counsel; and (2) motion for extension of time to file his

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traverse.
The Sixth Amendment’s right to counsel does not apply in habeas actions. Knaubert v.

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Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). Pursuant to statute, however, a district court is

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authorized to appoint counsel to represent a habeas petitioner whenever “the court determines that

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

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See 18 U.S.C. § 3006A(a)(2)(B). Here, petitioner’s claims have been adequately presented in the

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petition, and the interests of justice do not otherwise require the appointment of counsel.

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Accordingly, petitioner’s motion for appointment of counsel is DENIED. Should the

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circumstances of the case materially change, the Court may reconsider petitioner’s request sua

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sponte.

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Good cause appearing, petitioner’s request for an extension of time to file a traverse is
GRANTED. Petitioner may file a traverse by no later than April 21, 2016.

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This order terminates Docket No. 17.

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IT IS SO ORDERED.

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Dated: March 17, 2016
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JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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