Noble v. Adams

Filing 34

ORDER After Remand Re-Opening Case by Judge Ronald M. Whyte Granting 33 Motion to Appoint Counsel. The Matter is Referred to the Federal Public Defender's Office to Find Representation for Petitioner. All Further Proceedings in this Action are Stayed. (jg, COURT STAFF) (Filed on 6/7/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILBERT NOBLE,

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Petitioner,
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v.
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WARDEN DARREL G. ADAMS,
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Respondent.
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__________________________________ )

No. C 06-7114 RMW (PR)
ORDER AFTER REMAND RE-OPENING
CASE; APPOINTING COUNSEL

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This is a habeas action under 28 U.S.C. § 2254. On August 12, 2008, the court granted

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respondent’s motion to dismiss petitioner’s petition as untimely, and closed the case. On April

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19, 2012, the Ninth Circuit Court of Appeals vacated and remanded the case back to this court.

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For the reasons that follow, the court re-opens this case, and sua sponte appoints counsel for

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petitioner.

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The Sixth Amendment right to counsel does not apply in habeas corpus actions.

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Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, 18 U.S.C. §

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3006A(a)(2)(B) authorizes a district court to appoint counsel to represent a habeas petitioner

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whenever “the court determines that the interests of justice so require . . . .” In this case, the

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court finds this action sufficiently complex to warrant the appointment of counsel. Accordingly,

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this matter is REFERRED to the Federal Public Defender to find representation for petitioner.

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Order After Remand Re-Opening Case; Appointing Counsel
G:\PRO-SE\SJ.Rmw\HC old\HC.06\Noble114apptatty.wpd

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The clerk of the court is directed to provide a copy of this order to the Office of the

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Federal Public Defender. Upon being notified by the Office of the Federal Public Defender that

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an attorney has been located to represent petitioner, the court will appoint that attorney as

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counsel for petitioner. All further proceedings in this action except those related to appoint of

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counsel are hereby STAYED.

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IT IS SO ORDERED.

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DATED: _______________
RONALD M. WHYTE
United States District Judge

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Order After Remand Re-Opening Case; Appointing Counsel
G:\PRO-SE\SJ.Rmw\HC old\HC.06\Noble114apptatty.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

WILBERT NOBLE,

Case Number: CV06-07114 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
DERRAL G ADAMS et al,
Defendant.

/

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 June 7, 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.

James Bradley O’Connell
First District Appellate Project
Appeal Counsel
730 Harrison Street
Suite 201
San Francisco, CA 94107
Federal Public Defender’s Office
San Jose Office
Dated: June 7, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk