Marlon Jessie Blacher v. L S McEwen

Filing 17

ORDER by Judge Ronald M. Whyte Denying 14 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 1/22/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 MARLOH JESSIE BLACHER, 11 Petitioner, 12 vs. 13 14 15 L.S. MCEWEN, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 12-4775 RMW (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Doc. No. 14.) 16 17 Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. On December 3, 2012, this Court ordered respondent to show cause why a 19 writ of habeas corpus should not be granted. (Doc. No. 11.) Petitioner has filed a motion for 20 appointment of counsel. (Doc. No. 14.) 21 However, the Sixth Amendment’s right to counsel does not apply in habeas corpus 22 actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). While 18 U.S.C. 23 § 3006A(a)(2)(B) authorizes a district court to appoint counsel to represent a habeas petitioner if 24 “the court determines that the interests of justice so require,” the courts have made appointment 25 of counsel the exception rather than the rule. Appointment is mandatory only when the 26 circumstances of a particular case indicate that appointed counsel is necessary to prevent due 27 process violations. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). 28 Petitioner has thus far been able to adequately present his claims for relief. No Order Denying Motion for Appointment of Counsel G:\PRO-SE\SJ.Rmw\HC.12\Blacher164deny-atty.wpd 1 evidentiary hearing appears necessary in this case, nor are any other extraordinary circumstances 2 apparent. Accordingly, the court concludes that appointment of counsel is not necessary at this 3 time. Petitioner’s motion for appointment of counsel (docket no. 14) is DENIED without 4 prejudice. 5 6 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Motion for Appointment of Counsel G:\PRO-SE\SJ.Rmw\HC.12\Blacher164deny-atty.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARLON JESSIE BLACHER, Case Number: CV12-04775 RMW Plaintiff, CERTIFICATE OF SERVICE v. L S MCEWEN 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 January 22, 2013, 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. Marlon Jessie Blacher CDC G-50077 California State Prison Los Angeles County P O Box 8457 Lancaster, CA 93539-8457 Dated: January 22, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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