Wilson v. Tilton
Filing
42
ORDER DENYING PETITIONER'S REQUEST FOR APPOINTMENT OF COUNSEL. Signed by Judge Maxine M. Chesney on August 21, 2012. (mmclc1, COURT STAFF) (Filed on 8/21/2012) (Additional attachment(s) added on 8/21/2012: # 1 Certificate of Service) (tlS, COURT STAFF).
<![CDATA[
1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9
CLINTON BRIAN WILSON,
Petitioner,
For the Northern District of California
United States District Court
10
11
12
No. C-09-0143 MMC
ORDER DENYING PETITIONER’S
REQUEST FOR APPOINTMENT OF
COUNSEL
v.
P. D. BRAZELTON, Warden,
Respondent.
13
/
14
15
16
17
18
19
20
21
22
23
24
25
26
Before the Court is petitioner’s Request for Appointment of Counsel, filed August 13,
2012. Having read and considered the request, the Court rules as follows.
The Sixth Amendment right to counsel does not apply in habeas actions. See
Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.), cert. denied, 479 U.S. 867 (1986).
Pursuant to statute, however, a district court is authorized to appoint counsel to represent
a habeas petitioner whenever “the court determines that the interests of justice so require
and such person is financially unable to obtain representation.” See 18 U.S.C.
§ 3006A(a)(2)(B). Here, petitioner’s claims have been adequately presented in the
amended petition, and the interests of justice do not otherwise require the appointment of
counsel.
Accordingly, petitioner’s request for appointment of counsel is hereby DENIED.
IT IS SO ORDERED.
27
28
Dated: August 21, 2012
MAXINE M. CHESNEY
United States District Judge
]]>
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?
