Melcher v. Holland
Filing
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ORDER DENYING REQUEST FOR COUNSEL. Signed by Judge Jeffrey S. White on 8/9/12. (jjoS, COURT STAFF) (Filed on 8/9/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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8 JOSEPH J. MELCHER,
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Petitioner,
vs.
11 KIM HOLLAND, Warden,
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Respondent.
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No. C 12-0544 JSW (PR)
ORDER DENYING REQUEST FOR
COUNSEL
(Docket No. 7)
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Petitioner, a prisoner of the State of California proceeding pro se, has filed a habeas
corpus petition pursuant to 28 U.S.C. § 2254 and has requested an attorney. The Sixth
Amendment's right to counsel does not apply in habeas corpus actions. Knaubert v.
Goldsmith, 791 F.2d 722, 728 (9th Cir.), cert. denied, 479 U.S. 867 (1986). However, 18
U.S.C. § 3006A(a)(2)(B) authorizes a district court to appoint counsel to represent a habeas
petitioner whenever “the court determines that the interests of justice so require,
representation may be provided for any financially eligible person who is seeking relief under
section [ ] 2254 [ ] of title 28.”
Petitioner has presented his claims adequately in the petition. The Court determines
that the interests of justice do not require appointment of counsel. The request for
appointment of counsel (docket number 7) is DENIED.
IT IS SO ORDERED.
DATED: August 9, 2012
JEFFREY S. WHITE
United States District Judge
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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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JOSEPH J MELCHER,
Case Number: CV12-00544 JSW
Plaintiff,
CERTIFICATE OF SERVICE
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v.
KIM HOLLAND 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 August 9, 2012, 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.
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Joseph J. Melcher G-62372
California Correctional Institution State Prison
P.O. Box 1906
Tehachapi, CA 93581
Dated: August 9, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
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