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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARLOH JESSIE BLACHER,
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Petitioner,
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vs.
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L.S. MCEWEN,
Respondent.

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No. C 12-4775 RMW (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

(Doc. No. 14.)

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Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. On December 3, 2012, this Court ordered respondent to show cause why a

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writ of habeas corpus should not be granted. (Doc. No. 11.) Petitioner has filed a motion for

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appointment of counsel. (Doc. No. 14.)

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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 petitioner if

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“the court determines that the interests of justice so require,” the courts have made appointment

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of counsel the exception rather than the rule. Appointment is mandatory only when the

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circumstances of a particular case indicate that appointed counsel is necessary to prevent due

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process violations. 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 his claims for relief. No
Order Denying Motion for Appointment of Counsel
G:\PRO-SE\SJ.Rmw\HC.12\Blacher164deny-atty.wpd

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evidentiary hearing appears necessary in this case, nor are any other extraordinary circumstances

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apparent. Accordingly, the court concludes that appointment of counsel is not necessary at this

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time. Petitioner’s motion for appointment of counsel (docket no. 14) is DENIED without

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prejudice.

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order Denying Motion for Appointment of Counsel
G:\PRO-SE\SJ.Rmw\HC.12\Blacher164deny-atty.wpd

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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.

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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 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