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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES T MCCARTHY,
Petitioner,

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United States District Court
Northern District of California

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Case No. 16-cv-06820-HSG (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
SCOTT FRAUENHEIM, Warden,

Re: Dkt. No. 13

Respondent.

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Petitioner has filed a motion for appointment of counsel, arguing that he requires the

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assistance of counsel for discovery and an evidentiary hearing. The Sixth Amendment’s right to

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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, the

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habeas petition is fully briefed, and the interests of justice do not require the appointment of

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counsel at this time. Accordingly, Petitioner’s motion for appointment of counsel is DENIED.

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Should the circumstances of the case materially change, the Court may reconsider Petitioner’s

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request sua sponte.

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This order terminates Docket No. 13.

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IT IS SO ORDERED.

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Dated: 11/9/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge