Nwaonumah v. Spearman

Filing 5

Order, signed 2/8/16, by Chief Magistrate Judge Joseph C. Spero denying 4 Motion to Appoint Counsel.(klhS, COURT STAFF) (Filed on 2/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID A. NWAONUMAH,
Petitioner,

Case No. 15-cv-04196-JCS (PR)

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v.
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M. E. SPEARMAN,

ORDER DENYING MOTION FOR
THE APPOINTMENT OF COUNSEL

Respondent.
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Dkt. No. 4

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Petitioner moves for the appointment of counsel. (Docket No. 4.) He contends that

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United States District Court
Northern District of California

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the “jailhouse lawyer” who prepared his habeas petition will no longer be available, and he

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asserts without elaboration that he “requires assistance of counsel.” (Id.) There is no right

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to counsel in habeas corpus actions. See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th

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Cir. 1986). A district court is authorized under 18 U.S.C. § 3006A(a)(2)(B) to appoint

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

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

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decision to appoint counsel is within the discretion of the district court, see Chaney v.

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Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), and should be granted only when exceptional

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circumstances are present. See generally 1 J. Liebman & R. Hertz, Federal Habeas Corpus

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Practice and Procedure § 12.3b at 383-86 (2d ed. 1994).

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Petitioner has provided no reason to justify the appointment of counsel, other than

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that he “requires” it. This undetailed assertion is insufficient to show that extraordinary

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circumstances exist. Accordingly, the motion is DENIED.

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The Clerk shall terminate Docket No. 4.

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IT IS SO ORDERED.

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Dated: February 8, 2016
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID A. NWAONUMAH,

Case No. 15-cv-04196-JCS

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 February 8, 2016, 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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David A. Nwaonumah ID: #: K89261
Correctional Training Facility
P.O. Box 705
Soledad, CA 93960

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Dated: February 8, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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