Hawkins v. Ducart

Filing 18

ORDER RE: PENDING MOTIONS by Judge William H. Orrick denying 16 Motion for Extension of Time to File and 17 Motion to Appoint Counsel. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 3/12/2018)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 JEFF A. HAWKINS, Petitioner, 12 13 14 15 Case No. 17-cv-00333-WHO (PR) ORDER RE: PENDING MOTIONS v. CLARK DUCART, Respondent. Dkt. Nos. 16 and 17 16 17 This federal habeas corpus action was dismissed as second or successive, and 18 judgment was entered in favor of respondent, in February 2017. (Dkt. Nos. 10 and 11.) 19 Petitioner Hawkins’s appeal and his request to file a second or successive petition were 20 denied by the Ninth Circuit in April and October of 2017. (Dkt. Nos. 14 and 15.) 21 Hawkins now asks me to (i) reconsider its dismissal order and reopen the action; (ii) 22 extend time for him to file a petition for writ of certiorari in the U.S. Supreme Court; and 23 (iii) appoint counsel. (Dkt. Nos. 16 and 17.) 24 These motions are DENIED. Because the Ninth Circuit refused to authorize the 25 filing of a second or successive petition, I lack authority to reconsider its dismissal order or 26 to reopen the action. 28 U.S.C. § 2244(b); Burton v. Stewart, 549 U.S. 147, 151 (2007) 27 (district court lacked jurisdiction to consider a second or successive petition because 28 petitioner had not obtained permission from the appellate court to file the petition). 1 2 3 I also lack authority to extend the time to file a petition in the U.S. Supreme Court. Hawkins will have to direct such a request to the Supreme Court itself. While I can appoint counsel to assist persons in litigating their cases in this court, I 4 cannot appoint counsel to assist persons who are pursuing legal actions not in this court, 5 such as appeals or petitions for certiorari writs. Hawkins will have to request the 6 appointment of counsel from another court from which he seeks relief. 7 The Clerk shall terminate Dkt. Nos. 16 and 17. 8 IT IS SO ORDERED. 9 Dated: March 12, 2018 _________________________ WILLIAM H. ORRICK United States District Judge 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

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