Davidson v. Arnold

Filing 18

ORDER by Judge James Donato denying 11 Motion to Appoint Counsel ; granting 15 Motion for Extension of Time to Amend ; granting 16 Motion for Extension of Time to File; granting 16 Motion for Extension of Time to Answer ; granting 17 Motion for Extension of Time to Answer Answer to Writ due by 2/6/2017.. (lrcS, COURT STAFF) (Filed on 1/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD C. DAVIDSON,
Petitioner,

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v.

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ERIC ARNOLD,
Respondent.

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United States District Court
Northern District of California

Case No. 16-cv-03298-JD

ORDER GRANTING EXTENSION
AND DENYING MOTION TO
APPOINT COUNSEL
Re: Dkt. Nos. 11, 15, 16, 17

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GOOD CAUSE APPEARING, it is hereby ordered that respondent’s motion for an

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extension (Docket Nos. 15, 16, 17) is GRANTED. Respondent shall file an answer by February

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6, 2017.

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Petitioner has requested the appointment of counsel. The Sixth Amendment’s right to

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counsel does not apply in habeas corpus actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th

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Cir. 1986). However, 18 U.S.C. § 3006A(a)(2)(B) provides that in habeas cases, whenever “the

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court determines that the interests of justice so require”, representation may be provided for any

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financially eligible person. Petitioner has presented his claims adequately, and they are not

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particularly complex. The interests of justice do not require appointment of counsel and the

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motion (Docket No. 11) is DENIED.

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IT IS SO ORDERED.

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Dated: January 12, 2017

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD C. DAVIDSON,

Case No. 16-cv-03298-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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ERIC ARNOLD,
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 January 12, 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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Richard C. Davidson ID: AK4986
California State Prison-Solano
P.O. Box 4000
Vacaville, CA 95696

B-10-118

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Dated: January 12, 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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