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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?