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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RICHARD C. DAVIDSON, Petitioner, 8 v. 9 10 ERIC ARNOLD, Respondent. 11 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 12 13 GOOD CAUSE APPEARING, it is hereby ordered that respondent’s motion for an 14 extension (Docket Nos. 15, 16, 17) is GRANTED. Respondent shall file an answer by February 15 6, 2017. 16 Petitioner has requested the appointment of counsel. The Sixth Amendment’s right to 17 counsel does not apply in habeas corpus actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th 18 Cir. 1986). However, 18 U.S.C. § 3006A(a)(2)(B) provides that in habeas cases, whenever “the 19 court determines that the interests of justice so require”, representation may be provided for any 20 financially eligible person. Petitioner has presented his claims adequately, and they are not 21 particularly complex. The interests of justice do not require appointment of counsel and the 22 motion (Docket No. 11) is DENIED. 23 IT IS SO ORDERED. 24 Dated: January 12, 2017 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 RICHARD C. DAVIDSON, Case No. 16-cv-03298-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 ERIC ARNOLD, Defendant. 8 9 10 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 11 12 13 14 15 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. 16 17 18 Richard C. Davidson ID: AK4986 California State Prison-Solano P.O. Box 4000 Vacaville, CA 95696 B-10-118 19 20 21 Dated: January 12, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 2

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