Meza v. Stu Sherman, 18-cv-00599-JD. (2018)
Court: District Court, N.D. California
Number: infdco20181203748
Visitors: 4
Filed: Nov. 30, 2018
Latest Update: Nov. 30, 2018
Summary: ORDER Re: Dkt. No. 16 JAMES DONATO , District Judge . Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent filed an answer and the Court is waiting for petitioner's traverse, though petitioner has filed a motion to appoint counsel. 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). However, 18 U.S.C. 3006A(a)(2)(B) provides
Summary: ORDER Re: Dkt. No. 16 JAMES DONATO , District Judge . Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent filed an answer and the Court is waiting for petitioner's traverse, though petitioner has filed a motion to appoint counsel. 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). However, 18 U.S.C. 3006A(a)(2)(B) provides t..
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ORDER
Re: Dkt. No. 16
JAMES DONATO, District Judge.
Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed an answer and the Court is waiting for petitioner's traverse, though petitioner has filed a motion to appoint counsel. 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). However, 18 U.S.C. § 3006A(a)(2)(B) provides that in habeas cases, whenever "the court determines that the interests of justice so require", representation may be provided for any financially eligible person. Petitioner has presented his claims adequately, and they are not particularly complex. The motion to appoint counsel (Docket No. 16) is DENIED.
IT IS SO ORDERED.
Source: Leagle
