McCarthy v. Frauenheim

Filing 14

ORDER by Judge Haywood S. Gilliam, Jr. DENYING 13 MOTION FOR APPOINTMENT OF COUNSEL. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 11/9/2017)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES T MCCARTHY, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-06820-HSG (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. SCOTT FRAUENHEIM, Warden, Re: Dkt. No. 13 Respondent. 12 13 Petitioner has filed a motion for appointment of counsel, arguing that he requires the 14 assistance of counsel for discovery and an evidentiary hearing. The Sixth Amendment’s right to 15 counsel does not apply in habeas actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 16 1986). Pursuant to statute, however, a district court is authorized to appoint counsel to represent a 17 habeas petitioner whenever “the court determines that the interests of justice so require and such 18 person is financially unable to obtain representation.” See 18 U.S.C. § 3006A(a)(2)(B). Here, the 19 habeas petition is fully briefed, and the interests of justice do not require the appointment of 20 counsel at this time. Accordingly, Petitioner’s motion for appointment of counsel is DENIED. 21 Should the circumstances of the case materially change, the Court may reconsider Petitioner’s 22 request sua sponte. 23 This order terminates Docket No. 13. 24 IT IS SO ORDERED. 25 Dated: 11/9/2017 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?