Bennett v. The People

Filing 35

ORDER by Judge James Donato denying 34 Motion to Appoint Counsel ; denying 18 Motion to Vacate ; denying 21 Motion to Appoint Counsel ; denying 22 Motion for Protective Order; denying 23 Motion to Dismiss. (lrcS, COURT STAFF) (Filed on 8/8/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID BENNETT,
Petitioner,

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Re: Dkt. Nos. 18, 21, 22, 23, 34
DEBBIE ASUNCION,
Respondent.

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United States District Court
Northern District of California

ORDER

v.

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Case No. 16-cv-01918-JD

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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. This action is fully briefed and was recently reassigned to the Court.

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Presently pending are several miscellaneous motions filed by petitioner. Petitioner has requested

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the appointment of counsel. The Sixth Amendment’s right to counsel does not apply in habeas

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corpus actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, 18 U.S.C. §

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3006A(a)(2)(B) provides that in habeas cases, whenever “the court determines that the interests of

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justice so require”, representation may be provided for any financially eligible person. Petitioner

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has presented his claims adequately, and they are not particularly complex. The request is denied

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without prejudice.

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For the foregoing reasons, the Court hereby orders as follows:

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1. Petitioner’s motions to vacate the extensions (Docket Nos. 18, 23) are DENIED as

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moot.
2. Petitioner’s motions to appoint counsel (Docket Nos. 21, 34) are DENIED.

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3. Petitioner’s motion for a protective order (Docket No. 22) is DENIED. If petitioner

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wishes to challenge the conditions of his confinement he must file a civil rights action. The Clerk

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shall send plaintiff a blank civil rights complaint.

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IT IS SO ORDERED.
Dated: August 8, 2017

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JAMES DONATO
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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DAVID BENNETT,

Case No. 16-cv-01918-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DEBBIE ASUNCION,
Defendant.

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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.

United States District Court
Northern District of California

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That on August 8, 2017, 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 Bennett ID: V90090
California Medical Facility Housing: Q3 - 320
P.O. Box 2000
Vacaville, CA 95696-2000

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Dated: August 8, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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