DeBose v. Madden

Opinion

LOUIS LOVELL DEBOSE, Case No.: 20-CV-1132-MMA(WVG)

Petitioner, ORDER DENYING WITHOUT v. PREJUDICE PETITIONER’S MOTION TO APPOINT COUNSEL RAYMOND MADDEN, Warden,

Respondent. [Doc. No. 4.] The Sixth Amendment right to counsel does not extend to federal habeas corpus actions by state prisoners. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, financially eligible habeas petitioners seeking relief pursuant to 28 U.S.C. § 2254 may obtain representation whenever the court “determines that the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B) (West 2000); Terrovona v. Kincheloe, 912 F.2d 1176, 1181 (9th Cir. 1990); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984). In the Ninth Circuit, “[i]ndigent state prisoners applying for habeas relief are not entitled to appointed counsel unless the circumstances of a particular case indicate that appointed counsel is necessary to prevent due process violations.” Chaney, 801 F.2d at 1196; Knaubert, 791 F.2d at 728-29. In support of his request for appointment of counsel, Petitioner discusses a slew of matters extraneous to the core consideration of appointment of counsel. A small portion of the motion does mention the alleged inadequacy of the prison law library. However, the Court is not satisfied that Petitioner cannot pursue the Petition even with the constraints he describes. Petitioner’s request for appointment of counsel is DENIED without prejudice. Dated: July 29, 2020

Hon. William V. Gallo United States Magistrate Judge