Powell v. Harris

Filing 17

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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QUINDALE POWELL,
Petitioner,

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Case No. 16-cv-05876-HSG (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
ERIC ARNOLD, Warden,

Re: Dkt. No. 16

Respondent.

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Petitioner has filed a motion for appointment of counsel. The Sixth Amendment’s right to

United States District Court
Northern District of California

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counsel does not apply in habeas actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.

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1986). Pursuant to statute, however, a district court is authorized to appoint counsel to represent a

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habeas petitioner whenever “the court determines that the interests of justice so require and such

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person is financially unable to obtain representation.” See 18 U.S.C. § 3006A(a)(2)(B). Here,

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Petitioner’s claims have been adequately presented in the petition, and the interests of justice do

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not otherwise require the appointment of counsel. Accordingly, Petitioner’s motion for

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appointment of counsel is DENIED. Should the circumstances of the case materially change, the

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Court may reconsider Petitioner’s request sua sponte.

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Petitioner will be provided an extension to file an opposition to Respondent’s motion to

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dismiss. Petitioner shall file his opposition no later than June 1, 2017. Respondent shall file a

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reply within fourteen (14) days of the date any opposition is filed.

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This order terminates Docket No. 16.

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IT IS SO ORDERED.

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Dated: 5/2/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge