King v. Lizarraga

Filing 13

ORDER by Judge Haywood S. Gilliam, Jr. DENYING 11 MOTION FOR APPOINTMENT OF COUNSEL. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 6/20/2017)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PAUL WAYNE KING, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-06453-HSG (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. JOE LIZARRAGA, Warden, Re: Dkt. No. 11 Respondent. 12 13 Petitioner has filed a motion for appointment of counsel. The Sixth Amendment’s right to 14 counsel does not apply in habeas actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 15 1986). Pursuant to statute, however, a district court is authorized to appoint counsel to represent a 16 habeas petitioner whenever “the court determines that the interests of justice so require and such 17 person is financially unable to obtain representation.” See 18 U.S.C. § 3006A(a)(2)(B). Here, 18 Petitioner’s claims have been adequately presented in the petition and traverse, and the interests of 19 justice do not otherwise require the appointment of counsel. Accordingly, Petitioner’s motion for 20 appointment of counsel is DENIED. Should the circumstances of the case materially change, the 21 Court may reconsider Petitioner’s request sua sponte. 22 This order terminates Docket No. 11. 23 IT IS SO ORDERED. 24 Dated: 6/20/2017 25 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?