Flores v. Jacquez

Filing 31

ORDER by Judge Ronald M. Whyte Denying 27 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 3/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 10-2773 RMW (PR)

ISAAC FLORES,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

Petitioner,
v.
GREG LEWIS, Acting Warden,

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Respondent.

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(Docket No. 27)

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Petitioner, a California state prisoner, filed a pro se petition for a writ of habeas

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corpus. Petitioner requests appointment of counsel because he is indigent and cannot afford

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counsel. However, the Sixth Amendment’s right to counsel does not apply in habeas corpus

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

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

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petitioner if “the court determines that the interests of justice so require,” the courts have

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made appointment of counsel the exception rather than the rule. Appointment is mandatory

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only when the circumstances of a particular case indicate that appointed counsel is necessary

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to prevent due process violations. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.

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1986).

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Order Denying Motion for Appointment of Counsel
P:\pro-se\sj.rmw\hc.10\Flores773atty

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Petitioner has thus far been able to adequately present his claims for relief.

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Respondent has produced the state record, and the case has been fully briefed and is under

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submission. No evidentiary hearing appears necessary in this case, nor are any other

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extraordinary circumstances apparent. Accordingly, the court concludes that appointment of

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counsel is not necessary at this time. Petitioner’s motion for appointment of counsel (docket

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no. 27) is DENIED without prejudice.

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IT IS SO ORDERED.
DATED:

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RONALD M. WHYTE
United States District Judge

United States District Court
For the Northern District of California

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Order Denying Motion for Appointment of Counsel
P:\pro-se\sj.rmw\hc.10\Flores773atty

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ISAAC FLORES,

Case Number: CV10-02773 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
FRANCISCO JACQUEZ et al,
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 March 6, 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.

Isaac Flores D 50574
Pelican Bay State Prison (SHU)
Housing: D-7-112
P.O. Box 7500
Cresent City, CA 95532-7500
Dated: March 6, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk