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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 QUINDALE POWELL, Petitioner, 5 6 7 8 Case No. 16-cv-05876-HSG (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. ERIC ARNOLD, Warden, Re: Dkt. No. 16 Respondent. 9 10 Petitioner has filed a motion for appointment of counsel. The Sixth Amendment’s right to United States District Court Northern District of California 11 counsel does not apply in habeas actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 12 1986). Pursuant to statute, however, a district court is authorized to appoint counsel to represent a 13 habeas petitioner whenever “the court determines that the interests of justice so require and such 14 person is financially unable to obtain representation.” See 18 U.S.C. § 3006A(a)(2)(B). Here, 15 Petitioner’s claims have been adequately presented in the petition, and the interests of justice do 16 not otherwise require the appointment of counsel. Accordingly, Petitioner’s motion for 17 appointment of counsel is DENIED. Should the circumstances of the case materially change, the 18 Court may reconsider Petitioner’s request sua sponte. 19 Petitioner will be provided an extension to file an opposition to Respondent’s motion to 20 dismiss. Petitioner shall file his opposition no later than June 1, 2017. Respondent shall file a 21 reply within fourteen (14) days of the date any opposition is filed. 22 This order terminates Docket No. 16. 23 IT IS SO ORDERED. 24 Dated: 5/2/2017 25 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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