Drew v. Robertson

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KARL D. DREW, Case No. 21-cv-01889-YGR (PR) Petitioner, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL; AND v. SUA SPONTE GRANTING

EXTENSION OF TIME TO PAY

JIM ROBERTSON, Warden, FILING FEE

Respondent.

Petitioner filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and moved to proceed in forma pauperis (“IFP”). On May 13, 2021, the Court found Petitioner had sufficient funds in his prison trust account to pay the $5.00 habeas corpus filing fee and issued an Order denying the IFP application and giving Petitioner twenty-eight days in which to pay the filing fee or have this case dismissed. The filing fee is currently due on June 10, 2021.

On May 27, 2021, Petitioner filed a letter asking this Court to appoint an attorney to assist him. Dkt. 11.

The Sixth Amendment’s right to counsel does not apply in habeas corpus actions. See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.), cert. denied, 479 U.S. 867 (1986). Unless an evidentiary hearing is required, the decision to appoint counsel is within the discretion of the district court. See Knaubert, 791 F.2d at 728; Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984). An evidentiary hearing does not appear necessary at this time, and there are no exceptional circumstances to warrant appointment of counsel. Accordingly, Petitioner’s motion for appointment of counsel is DENIED without prejudice. Dkt. 11.

The Court sua sponte GRANTS Petitioner an extension of time to pay the filing fee. The time Plaintiff shall pay the filing fee is extended twenty-eight (28) days from the date this Order.

FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE WITH THIS

ORDER BY PAYING THE FULL FILING FEE WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER.

1 This Order terminates Docket No. 11.

2 IT IS SO ORDERED.

3 Dated: June 4, 2021

J E YVONNE GONZALEZ ROGERS 6 United States District Judge a 12

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