Taylor v. Jaime

Opinion

1 2 3 6 7 NAMON TAYLOR, Case No. 19-cv-05664-HSG

8 Petitioner, ORDER GRANTING EXTENSION OF TIME TO FILE TRAVERSE; 9 v. DENYING REQUEST FOR APPOINTMENT OF COUNSEL Re: Dkt. No. 33 11 Respondent.

12 13 Petitioner, a state prisoner currently incarcerated at Alameda County Jail, filed this pro se 14 action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a conviction from 15 Alameda County. On August 12, 2020, respondent filed an answer to the Court’s Order to Show 16 Cause. Dkt. No. 26. Due to petitioner being transferred to a different correctional facility around 17 that time, petitioner did not receive the answer. Dkt. Nos. 30, 33. Respondent has since re-served 18 a copy of the answer on petitioner at his current address of record. Dkt. No. 32. The Court sua 19 sponte granted an extension of time to October 23, 2020 to file his traverse. Dkt. No. 31. 20 Now pending before the Court is petitioner’s request for appointment of counsel and an 21 extension of time to file his traverse. Petitioner argues that he cannot competently prosecute this 22 action because the Alameda County Jail does not offer physical access to a law library and 23 responses to his requests for legal research materials take two to three weeks to arrive. Dkt. No. 24 33 at 1-3. Petitioner also requests an extension of time to file his traverse, stating that he has not 25 yet received the answer. Dkt. No. 33 at 3-5. 26 Petitioner’s request for appointment of counsel is DENIED. The Sixth Amendment right 27 to counsel does not apply in habeas corpus actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 1 counsel to represent a habeas petitioner whenever “the court determines that the interests of justice 2 so require.” 18 U.S.C. § 3006A(a)(2)(B). The court finds that the interests of justice do not 3 warrant the appointment of counsel at this time because the issues are not complex, petitioner has 4 presented his claims adequately, and petitioner has access to legal resources, although not in the 5 form he finds most effective. 6 Petitioner’s request for an extension of time to file his traverse is GRANTED. Petitioner 7 shall file his traverse by November 23, 2020. 8 This order terminates Dkt. No. 33. 10 Dated: 9/18/2020 11 7 Hasgarsed Ld, HAYWOOD S. GILLIAM, JR. 12 United States District Judge

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