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