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Walker v. Grounds

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 11, 2011
No. C 11-2447 LHK (PR) (N.D. Cal. Nov. 11, 2011)

Opinion

No. C 11-2447 LHK (PR)

11-11-2011

JEFFERSON D. WALKER, Petitioner, v. RANDY GROUNDS, Warden, Respondent.


ORDER DENYING APPLICATION FOR

REQUEST FOR COURT APPOINTED

COUNSEL

(Docket No. 7)

Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has requested an application for request for court appointed counsel in this action. However, the Sixth Amendment's right to counsel does not apply in habeas corpus actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). While 18 U.S.C. § 3006A(a)(2)(B) authorizes a district court to appoint counsel to represent a habeas petitioner if "the court determines that the interests of justice so require," the courts have made appointment of counsel the exception rather than the rule. Appointment is mandatory only when the circumstances of a particular case indicate that appointed counsel is necessary to prevent due process violations. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986).

Petitioner has thus far been able to adequately present his claims for relief. Respondent has produced the state records, which should include Petitioner's petition for review to the California Supreme Court prepared by counsel. No evidentiary hearing appears necessary in this case, nor are any other extraordinary circumstances apparent. At this time, appointment of counsel not mandated, and the interests of justice do not require appointment of counsel. Accordingly, the Plaintiff's request is DENIED. This denial is without prejudice to the Court's sua sponte reconsideration should the developments of this case dictate otherwise.

IT IS SO ORDERED.

LUCY H. KOH

United States District Judge


Summaries of

Walker v. Grounds

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 11, 2011
No. C 11-2447 LHK (PR) (N.D. Cal. Nov. 11, 2011)
Case details for

Walker v. Grounds

Case Details

Full title:JEFFERSON D. WALKER, Petitioner, v. RANDY GROUNDS, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 11, 2011

Citations

No. C 11-2447 LHK (PR) (N.D. Cal. Nov. 11, 2011)