Gonzalez v. Walker et al

Filing 37

ORDER by Judge Ronald M. Whyte Granting 30 Motion for Transcripts; Granting 31 Motion for Extension of Time to File Traverse; Denying 32 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 12/19/2012)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 ARMANDO GONZALEZ, 12 13 Petitioner, vs. 14 VIRGA, Warden, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-2389 RMW (PR) ORDER GRANTING REQUEST FOR TRANSCRIPTS; GRANTING EXTENSION OF TIME TO FILE TRAVERSE; DENYING REQUEST FOR APPOINTMENT OF COUNSEL (Docket Nos. 30, 31, 32.) 17 18 Petitioner, a state prisoner proceeding pro se, filed an amended petition for a writ of 19 habeas corpus under 28 U.S.C. § 2254 challenging a criminal judgment from Santa Clara 20 County superior court. (Doc. No. 3.) The court issued an order to show cause why petitioner’s 21 writ should not be granted. (Doc. No. 6.) On August 14, 2012, respondent filed an answer to 22 petitioner’s amended petition for writ of habeas corpus. (Doc. No. 26.) Respondent also 23 lodged exhibits in support of the answer to the petition for writ of habeas corpus. (Id.) 24 Petitioner has filed three motions. First, Petitioner requests transcripts of the 25 proceedings occurring on February 8, 2005 and April 15, 2005 in Santa Clara County Superior 26 Court, Case No. CC250319. (Doc. No. 30.) Petitioner’s request is GRANTED. The court 27 notes that the transcripts petitioner requests were included in the exhibits lodged by 28 respondent. Respondent certified that he mailed a copy of the exhibits to petitioner on August Order Granting Req. for Trans; Granting EOT to File Traverse; Denying Appt. of Counsel G:\PRO-SE\SJ.Rmw\HC.08\Gonzalez389trav-eot_trans_atty.wpd 1 14, 2012. (Doc. No. 26.) However, in order to expedite these proceedings, respondent is 2 directed to provide an additional courtesy copy of the requested transcripts to petitioner. 3 Petitioner also requests a copy of the pro se petition filed in Gonzalez v. Virga, No. C- 4 10-4236 JW. That case was dismissed by the court because it was opened in error. The court 5 directed that the petition be filed instead as an amended petition in the instant action as Docket 6 Number 3. The clerk is instructed to send petitioner a one-time courtesy copy of the 7 amended petition. (Doc. No. 3.) Second, petitioner also requests an extension of time to file a traverse. (Doc. No. 31.) 9 Petitioner’s request for an extension of time to file a traverse is GRANTED. Petitioner shall 10 file and serve the traverse no later than thirty (30) days from the filing date of this order. 11 For the Northern District of California United States District Court 8 Petitioner’s final request is for appointment of counsel. (Doc. No. 32.) The Sixth 12 Amendment’s right to counsel does not apply in habeas actions. Knaubert v. Goldsmith, 791 13 F.2d 722, 728 (9th Cir. 1986). Pursuant to statute, however, a district court is authorized to 14 appoint counsel to represent a habeas petitioner whenever “the court determines that the 15 interests of justice so require and such person is financially unable to obtain representation.” 16 See 18 U.S.C. § 3006A(a)(2)(B). Unless an evidentiary hearing is required, the decision to 17 appoint counsel is within the discretion of the district court. See Knaubert, 791 F.2d at 728; 18 Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984). An evidentiary hearing does not appear 19 necessary at this time, and there are no exceptional circumstances to warrant appointment of 20 counsel. Petitioner’s claims were adequately presented in the petition. Consequently, the 21 interests of justice do not require appointment of counsel in the instant case, and the request for 22 appointment of counsel is hereby DENIED. Should the circumstances change materially at a 23 later stage of the litigation, the Court will reconsider this decision sua sponte. 24 This order terminates docket numbers 30, 31 and 32. 25 26 27 DATED: RONALD M. WHYTE United States District Judge 28 Order Granting Req. for Trans; Granting EOT to File Traverse; Denying Appt. of Counsel G:\PRO-SE\SJ.Rmw\HC.08\Gonzalez389trav-eot_trans_atty.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ARMANDO R. GONZALEZ, Case Number: CV08-02389 RMW Plaintiff, CERTIFICATE OF SERVICE v. JAMES WALKER, ET AL. 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 December 19, 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. Armando R. Gonzalez V-74787 C4/206 High Desert State Prison P.O. Box 3030 Susanville, CA 96127 Dated: December 19, 2012 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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?