McFarlane v. Freitas

Filing 18

ORDER by Judge James Donato denying 6 Motion to Appoint Counsel ; adopting Report and Recommendations as to 14 Report and Recommendations.; denying 2 Motion for Leave to Proceed in forma pauperis. (lrcS, COURT STAFF) (Filed on 3/1/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ALAN BRUCE MCFARLANE,
Petitioner,

8

Re: Dkt. Nos. 2, 6, 14
STEPHEN FREITAS,
Respondent.

11
United States District Court
Northern District of California

ORDER ON MOTIONS

v.

9
10

Case No. 16-cv-06401-JD

12
Alan Bruce McFarlane, a probationer, filed a pro se petition for a writ of habeas corpus

13
14

pursuant to 28 U.S.C. § 2254. He also applied for leave to proceed in forma pauperis. This case

15

was reassigned from a magistrate judge who also issued a report and recommendation that the

16

motion to proceed in forma pauperis be denied. Petitioner has failed to demonstrate indigence and

17

the Court adopts the report and recommendation.
Petitioner has also requested the appointment of counsel. The Sixth Amendment’s right to

18
19

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

20

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

21

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

22

financially eligible person. Petitioner has presented his claim adequately, and it is not particularly

23

complex. The interests of justice do not require appointment of counsel.
CONCLUSION

24

1. The Court ADOPTS the report and recommendation (Docket No. 14) and leave to

25
26

proceed in forma pauperis (Docket Nos. 2) is DENIED. However, petitioner has now paid the

27

filing fee; therefore, the case may continue and the Court will screen the petition in a separate

28

order.

1

2. The motion to appoint counsel (Docket No. 6) is DENIED.

2

3. All hearings and motion dates are VACATED.

3

4. The Clerk shall reclassify this case to a 530 habeas corpus.

4

IT IS SO ORDERED.

5

Dated: March 1, 2017

6
7
JAMES DONATO
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

ALAN BRUCE MCFARLANE,

Case No. 16-cv-06401-JD

Plaintiff,
5
v.

CERTIFICATE OF SERVICE

6
7

STEPHEN FREITAS,
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 March 1, 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

Alan Bruce McFarlane
P.O. Box 9554
Santa Rosa, CA 95405-1554

19
20

Dated: March 1, 2017

21
22
23

Susan Y. Soong
Clerk, United States District Court

24
25
26

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

27
28
3