Johnson v. Runnels

Filing 94

ORDER Denying 88 Request for Appointment of Counsel. Signed by Judge Ronald M. Whyte on 10/11/12. (jgS, COURT STAFF) (Filed on 10/12/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMAI JOHNSON,
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Petitioner,
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vs.
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JOHN W. HAVILAND, Warden,
Respondent.

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No. C 02-4632 RMW (PR)
ORDER DENYING REQUEST
FOR APPOINTMENT OF
COUNSEL

(Docket No. 88.)

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Petitioner, a state prisoner proceeding pro se, filed a third amended petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On November 29, 2010, respondent filed an

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answer. Petitioner filed a traverse. On March 30, 2012, the court partially denied the petition for

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habeas corpus and ordered further briefing on the remaining claim.

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Petitioner has filed a request for appointment of counsel because he has limited access to

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the prison law library due to his work assignment. While 18 U.S.C. § 3006A(a)(2)(B) authorizes

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a district court to appoint counsel to represent a habeas petitioner if "the court determines that the

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interests of justice so require," the courts have made appointment of counsel the exception rather

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than the rule. Appointment is mandatory only when the circumstances of a particular case

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indicate that appointed counsel is necessary to prevent due process violations. See Chaney v.

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Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986).

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Order Denying Request for Appt. Of Counsel
G:\PRO-SE\SJ.Rmw\HC old\Hc.02\Johnson632denyatty.wpd

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For the past nine years, petitioner has adequately presented his claims for relief. He has

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succeeded in filing a third amended petition (Docket No. 26), an opposition to respondent’s

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motion to dismiss (Docket No. 33), a traverse (Docket No. 84), and a number of other motions

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(Docket Nos. 3, 10, 15, 17, 40). Respondent has produced the state record, which includes

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exhaustive briefing in the state court of appeals and state supreme court prepared by counsel.

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Respondent has also been ordered to produce transcripts of the voir dire proceeding and any juror

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questionnaires. Should petitioner require additional time to complete further briefing, he can

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motion the court for an extension of time. However at this time, there are no extraordinary

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circumstances necessitating the appointment of counsel. Accordingly, petitioner's request for

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appointment of counsel is DENIED without prejudice.
IT IS SO ORDERED.
DATED: _______________
RONALD M. WHYTE
United States District Judge

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Order Denying Request for Appt. Of Counsel
G:\PRO-SE\SJ.Rmw\HC old\Hc.02\Johnson632denyatty.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JOHNSON,

Case Number: CV02-04632 RMW
Plaintiff,

CERTIFICATE OF SERVICE

v.
RUNNELS,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 12, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

Jamai Johnson P84615
California State Prison-Corcoran
P.O. Box 5248
Corcoran, CA 93212

Dated: October 12, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk