Parker v. Spearman

Filing 6

Order by Hon. Vince Chhabria denying 5 Motion to Appoint Counsel.(knm, COURT STAFF) (Filed on 7/30/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC VERNON PARKER,

Case No. 15-cv-02431-VC (PR)

Petitioner,

ORDER DENYING
PETITIONER’S REQUEST FOR
APPOINTMENT OF COUNSEL

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v.

United States District Court
Northern District of California

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M. E. SPEARMAN,

Dkt. No. 5

Respondent.
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On July 16, 2015, Eric V. Parker filed a motion for appointment of counsel in this habeas

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action. The Sixth Amendment right to counsel does not apply in habeas corpus actions. See

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Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). Title 18 U.S.C. § 3006A(a)(2)(B),

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however, authorizes a district court to appoint counsel to represent a habeas petitioner whenever

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“the court determines that the interests of justice so require” and such person is financially unable

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to obtain representation. Appointment is mandatory only when the circumstances of a particular
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case indicate that appointed counsel is necessary to prevent due process violations. Chaney v.
Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986).
The Court finds that due process concerns and the interests of justice do not require

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appointment of counsel at this time. Therefore, Parker’s motion is DENIED. This denial is

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without prejudice to the Court’s sua sponte reconsideration should it find appointment of counsel

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is necessary following consideration of the merits of Parker’s claims.

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This Order terminates Docket No. 5.

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IT IS SO ORDERED.

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Dated: July 30, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC VERNON PARKER,

Case No. 15-cv-02431-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M. E. SPEARMAN,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on July 30, 2015, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Eric Vernon Parker ID: G-02354
CTF North A RB131 low
PO Box 705
Soledad, CA 93960

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Dated: July 30, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA
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