Evans v. State of California

Filing 14

ORDER by Judge ARMSTRONG denying 13 Motion BARRING AG'S OFFICE; denying 13 Motion to Appoint Counsel (lrc, COURT STAFF) (Filed on 12/13/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 12 13 No. C 11-3129 SBA (PR) JAMES EVANS, JR., ORDER DENYING MOTION TO BAR ATTORNEY GENERAL'S OFFICE FROM REPRESENTING RESPONDENT AND DENYING SECOND MOTION FOR APPOINTMENT OF COUNSEL Petitioner, v. 14 STATE OF CALIFORNIA, 15 Respondent. 16 17 / (Docket no. 13) Petitioner has filed a request to bar the Attorney General's Office from representing 18 Respondent in this action based on an alleged "conflict of interest." He claims that the Attorney 19 General's Office's "bad faith" resulted in the constitutional violations that form the basis of his 20 habeas petition. However, Petitioner fails to support his conclusory assertions with any specific 21 facts or relevant evidence. Thus, Petitioner's request to bar the Attorney General's Office from 22 representing Respondent in this action is DENIED (docket no. 13). 23 Petitioner has also filed a second motion for appointment of counsel. Second, the Sixth 24 Amendment right to counsel does not apply in habeas corpus actions. See Knaubert v. Goldsmith, 25 791 F.2d 722, 728 (9th Cir. 1986). Title 18 U.S.C. § 3006A(a)(2)(B), however, authorizes a district 26 court to appoint counsel to represent a habeas petitioner whenever "the court determines that the 27 interests of justice so require" and such person is financially unable to obtain representation. The 28 decision to appoint counsel is within the discretion of the district court. See Chaney v. Lewis, 801 (9th Cir. 1984). The courts have made appointment of counsel the exception rather than the rule by 3 limiting it to: (1) capital cases; (2) cases that turn on substantial and complex procedural, legal or 4 mixed legal and factual questions; (3) cases involving uneducated or mentally or physically impaired 5 petitioners; (4) cases likely to require the assistance of experts either in framing or in trying the 6 claims; (5) cases in which petitioner is in no position to investigate crucial facts; and (6) factually 7 complex cases. See generally 1 J. Liebman & R. Hertz, Federal Habeas Corpus Practice and 8 Procedure § 12.3b at 383-86 (2d ed. 1994). Appointment is mandatory only when the circumstances 9 of a particular case indicate that appointed counsel is necessary to prevent due process violations. 10 See Chaney, 801 F.2d at 1196; Eskridge v. Rhay, 345 F.2d 778, 782 (9th Cir. 1965). At this time, 11 For the Northern District of California F.2d 1191, 1196 (9th Cir. 1986); Knaubert, 791 F.2d at 728; Bashor v. Risley, 730 F.2d 1228, 1234 2 United States District Court 1 the Court is unable to determine whether the appointment of counsel is mandated for Petitioner. 12 Accordingly, the interests of justice do not require appointment of counsel, and Petitioner's second 13 request is DENIED (docket no. 13). This denial is without prejudice to the Court's sua sponte 14 reconsideration should the Court find an evidentiary hearing necessary following consideration of 15 the merits of Petitioner's claims. 16 This Order terminates Docket no. 13. 17 IT IS SO ORDERED. 18 Dated: 12/12/11 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.11\Evans3129.DENYBarAG&2ndAtty.wpd 2 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 JAMES EVANS JR., Case Number: CV11-03129 SBA Plaintiff, 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 CERTIFICATE OF SERVICE v. STATE OF CA et al, Defendant. / 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 December 13, 2011, 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. 13 14 15 16 17 James Evans F-06497 California State Prison - Corcoran P.O. Box 8800 Corcoran, CA 93212-8309 Dated: December 13, 2011 18 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.11\Evans3129.DENYBarAG&2ndAtty.wpd 3

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