Arbee v. Kernan, C 17-05962 WHA. (2018)
Court: District Court, N.D. California
Number: infdco20180628b08
Visitors: 24
Filed: Jun. 27, 2018
Latest Update: Jun. 27, 2018
Summary: ORDER DENYING MOTION TO APPOINT COUNSEL WILLIAM ALSUP , District Judge . Petitioner Louis Arbee has filed a motion for appointment of 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) authorizes a district court to appoint counsel to represent a habeas petitioner whenever "the court determines that the interests of justice so require and such person is fin
Summary: ORDER DENYING MOTION TO APPOINT COUNSEL WILLIAM ALSUP , District Judge . Petitioner Louis Arbee has filed a motion for appointment of 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) authorizes a district court to appoint counsel to represent a habeas petitioner whenever "the court determines that the interests of justice so require and such person is fina..
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ORDER DENYING MOTION TO APPOINT COUNSEL
WILLIAM ALSUP, District Judge.
Petitioner Louis Arbee has filed a motion for appointment of 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) authorizes a district court 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." The issues presented in the petition are straightforward and there is currently no indication that an evidentiary hearing is required. The interests of justice do not require appointment of counsel. Petitioner's motion is DENIED.
IT IS SO ORDERED.
Source: Leagle
