Guardado v. Davis et al

Filing 7

AMENDED ORDER re 5 Order on Motion to Appoint Counsel. Signed by Judge Claudia Wilken on 11/12/08. (scc, COURT STAFF) (Filed on 11/12/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner has filed a motion for appointment of counsel and an application for in forma pauperis status (docket no. 3). specifically requests the appointment of Kent G. Washburn. He Mr. v. J. DAVIS, et al., Respondents. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PAUL ALBERT GUARDADO, Petitioner, No. C 08-03268 CW (PR) AMENDED ORDER GRANTING PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL (Docket no. 3)

Washburn represents Petitioner in his other habeas action, Case No. C 05-0194 CW (PR), where the Court granted the habeas petition challenging four parole denials immediately preceding the one at issue in the present case. The Sixth Amendment's right to counsel does not apply in habeas corpus actions. 728 (9th Cir. 1986). See Knaubert v. Goldsmith, 791 F.2d 722,

The Court may, however, appoint counsel to

represent a habeas petitioner whenever "the court determines that the interests of justice so require and such person is financially unable to obtain representation." 18 U.S.C. § 3006A(a)(2)(B). The

decision to appoint counsel is within the discretion of the district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.

1986); Knaubert, 791 F.2d at 728; Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984).

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Attached to Petitioner's motion for appointment of counsel is Mr. Washburn's declaration. Mr. Washburn states that he is willing

and able to accept appointment on Petitioner's behalf because he is already familiar with Petitioner's file, including but not limited to the current status of the previous habeas action, the prison central file and the transcripts of past parole hearings. (Washburn Decl. ¶¶ 6-7.) The Court finds that the appointment of Mr. Washburn to represent Petitioner is warranted in this action. Accordingly, in

the interests of justice and good cause appearing, the motion for appointment of counsel (docket no. 3) is GRANTED. The Court

appoints Kent G. Washburn (SBN 88282) of 501 Moraga Way, Orinda, CA 94563, to represent Petitioner in this action. Petitioner's

counsel should seek reimbursement pursuant to 18 U.S.C. § 3006A(d) and (e) via the Federal Public Defender's Office. The Court

directs Petitioner's counsel to abide by the briefing schedule in the Court's Order to Show Cause, filed on the same date as this Order. The Clerk of the Court shall send a copy of this Order to Petitioner's counsel, to Petitioner, to the Federal Public Defender, and to Respondents. This Order terminates Docket no. 3. IT IS SO ORDERED.

Dated:

11/12/08

CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PAUL ALBERT GUARDADO, Plaintiff, v. J. DAVIS et al, Defendant. /

Case Number: CV08-03268 CW CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on November 12, 2008, 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. Paul Albert Guardado E-36459 CTF North Rainer B, 344 P.O. Box 705 Soledad, CA 93960-0705 Kent G. Washburn (SBN 88282) 501 Moraga Way Orinda, CA 94563, M. Cate, Director CA Dept. of Corrections and Rehabilitation P.O. Box 942883 Sacramento, CA 94283 Ben Curry, Warden CTF P.O. Box 686 Soledad, CA 93960-0686 J. David, Chariman Dept. of Parole Hearings 1515 S Street Sacramento,CA 95811-7243 Federal Public Defender 450 Golden Gate Avenue San Francisco, CA 94102 3 C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\~7040117.wpd

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\~7040117.wpd Dated: November 12, 2008 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk