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)
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
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?