Ellawendy v. Monterey County Superior Court

Opinion

] 2 3 4 UNITED STATES DISTRICT COURT 7 Petitioner, Case No. 20-02708 BLF (PR) V. g ORDER DENYING MOTION TO APPOINT COUNSEL MONTEREY COUNTY SUPERIOR ? || COURT, 10 Respondent. 11 Petitioner moves for the appointment of counsel. Dkt No. 31. The Sixth

3 Amendment’s right to counsel does not apply in habeas corpus actions. See Knaubert v.

4 Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, 18 U.S.C. § 3006A(a)(2)(B) 15 authorizes a district court to appoint counsel to represent a habeas petitioner whenever “‘the 2 g 6 court determines that the interests of justice so require” and such person is financially

7 unable to obtain representation. Appointment is not warranted in this case. Not only has 5 18 Petitioner failed to present any argument in support of his motion, but there are also no

19 pending deadlines as Petitioner has already filed a traverse, Dkt. No. 30. Accordingly, 50 Petitioner’s motion for appointment of counsel is DENIED.

97 Dated: January 10, 2023 faiinircciian _ ETH LABSON FREEMAN 3 United States District Judge 24 25 26 27 28 Case No. 20-02708 BLF (PR) ORDER DEN. MOT. FOR APPOINTMENT OF COUNSEL