Powell v. Harris
ORDER by Judge Haywood S. Gilliam, Jr. DENYING 16 MOTION FOR APPOINTMENT OF COUNSEL. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 5/2/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 16-cv-05876-HSG (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
ERIC ARNOLD, Warden,
Re: Dkt. No. 16
Petitioner has filed a motion for appointment of counsel. The Sixth Amendment’s right to
United States District Court
Northern District of California
counsel does not apply in habeas actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.
1986). Pursuant to statute, however, a district court is authorized to 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.” See 18 U.S.C. § 3006A(a)(2)(B). Here,
Petitioner’s claims have been adequately presented in the petition, and the interests of justice do
not otherwise require the appointment of counsel. Accordingly, Petitioner’s motion for
appointment of counsel is DENIED. Should the circumstances of the case materially change, the
Court may reconsider Petitioner’s request sua sponte.
Petitioner will be provided an extension to file an opposition to Respondent’s motion to
dismiss. Petitioner shall file his opposition no later than June 1, 2017. Respondent shall file a
reply within fourteen (14) days of the date any opposition is filed.
This order terminates Docket No. 16.
IT IS SO ORDERED.
HAYWOOD S. GILLIAM, JR.
United States District Judge
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