Robinson v. Miller

Filing 22

ORDER by Judge Lucy H. Koh denying 21 Motion to Appoint Counsel (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 10/11/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LENORA ROBINSON,

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Petitioner,

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v.
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WARDEN W. MILLER,
Respondent.

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No. C 11-1339 LHK (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

(Docket No. 21)

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Petitioner, a state prisoner proceeding pro se, filed a second amended petition for writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has requested appointment of counsel.
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However, the Sixth Amendment’s 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). While 18 U.S.C. § 3006A(a)(2)(B)
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authorizes a district court to appoint counsel to represent a habeas petitioner if “the court
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determines that the interests of justice so require,” the courts have made appointment of counsel
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the exception rather than the rule. Appointment is mandatory only when the circumstances of a
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particular case indicate that appointed counsel is necessary to prevent due process violations.
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See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986).
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Petitioner has thus far been able to adequately present her claims for relief. Respondent
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Order Denying Motion for Appointment of Counsel
P:\PRO-SE\SJ.LHK\HC.11\Robinson339atty.wpd

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has been ordered to produce the state records. No evidentiary hearing appears necessary in this

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case, nor are any other extraordinary circumstances apparent. At this time, appointment of

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counsel is not mandated, and the interests of justice do not require appointment of counsel.

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Accordingly, the motion is DENIED. This denial is without prejudice to the Court’s sua sponte

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reconsideration should the developments of this case dictate otherwise.

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IT IS SO ORDERED.
DATED:

10/6/11
LUCY H. KOH
United States District Judge

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Order Denying Motion For Appointment of Counsel
P:\PRO-SE\SJ.LHK\HC.11\Robinson339atty.wpd

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