Arbee v. Kernan et al

Filing 21

ORDER DENYING 11 MOTION TO APPOINT COUNSEL by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 6/27/2018)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9

LOUIS W. ARBEE,

11
For the Northern District of California

United States District Court

10

12
13
14
15

Petitioner,

No. C 17-05962 WHA

v.
SCOTT KERNAN, Secretary of the California
Department of Corrections and Rehabilitation,
and RONALD DAVIS, Warden of San
Quentin State Prison,

ORDER DENYING MOTION
TO APPOINT COUNSEL

Respondents.
/

16
17

Petitioner Louis Arbee has filed a motion for appointment of counsel. The Sixth

18

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

19

791 F.2d 722, 728 (9th Cir. 1986). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes a district

20

court to appoint counsel to represent a habeas petitioner whenever “the court determines that the

21

interests of justice so require and such person is financially unable to obtain representation.”

22

The issues presented in the petition are straightforward and there is currently no indication that

23

an evidentiary hearing is required. The interests of justice do not require appointment of

24

counsel. Petitioner’s motion is DENIED.

25

IT IS SO ORDERED.

26
27
28

Dated: June 27, 2018.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE