Stamps v. Grounds

Filing 46

ORDER DENYING 45 MOTION FOR APPOINTMENT OF COUNSEL AND TERMINATING AS MOOT MOTION TO WITHDRAW AS COUNSEL. Signed by Judge Beth Labson Freeman on 2/6/2017. (blflc2S, COURT STAFF) (Filed on 2/6/2017)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 10 KEITH STAMPS, Case No. 12-cv-05753-BLF Plaintiff, 11 United States District Court Northern District of California v. 12 13 RANDY GROUNDS, Defendant. ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND TERMINATING AS MOOT MOTION TO WITHDRAW AS COUNSEL [Re: ECF 45] 14 15 16 On February 3, 2016, Donald Thomas Bergerson, counsel for Petitioner Keith Stamps, 17 filed a motion to withdraw as counsel. ECF 45. Mr. Bergerson “predicat[ed] his withdrawal 18 motion on the provision of replacement counsel for the indigent [Petitioner Keith Stamps].” Id. 19 Moreover, Mr. Bergerson stated, “should the Court deny the appointment of counsel, undersigned 20 asks that the motion [to withdraw] be denied without prejudice[.]” Id. The Court thus construes 21 this as a motion for appointment of counsel embedded in the motion to withdraw. 22 The Sixth Amendment’s right to counsel does not apply in habeas corpus actions. See 23 Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.), cert. denied, 479 U.S. 867 (1986). Unless an 24 evidentiary hearing is required, the decision to appoint counsel is within the discretion of the 25 district court. See Knaubert, 791 F.2d at 728; Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), 26 cert. denied, 469 U.S. 838 (1984). An evidentiary hearing does not appear necessary at this time, 27 and there are no exceptional circumstances to warrant appointment of counsel. Accordingly, the 28 motion for appointment of counsel is DENIED without prejudice. Additionally, and in light of the 1 2 Court’s ruling, the motion to withdraw as counsel is TERMINATED AS MOOT. IT IS SO ORDERED. 3 4 5 6 Dated: February 6, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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