McCarthy v. Frauenheim
ORDER by Judge Haywood S. Gilliam, Jr. DENYING 13 MOTION FOR APPOINTMENT OF COUNSEL. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 11/9/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JAMES T MCCARTHY,
United States District Court
Northern District of California
Case No. 16-cv-06820-HSG (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
SCOTT FRAUENHEIM, Warden,
Re: Dkt. No. 13
Petitioner has filed a motion for appointment of counsel, arguing that he requires the
assistance of counsel for discovery and an evidentiary hearing. The Sixth Amendment’s right to
counsel does not apply in habeas actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.
1986). Pursuant to statute, however, a district court is authorized 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.” See 18 U.S.C. § 3006A(a)(2)(B). Here, the
habeas petition is fully briefed, and the interests of justice do not require the appointment of
counsel at this time. Accordingly, Petitioner’s motion for appointment of counsel is DENIED.
Should the circumstances of the case materially change, the Court may reconsider Petitioner’s
request sua sponte.
This order terminates Docket No. 13.
IT IS SO ORDERED.
HAYWOOD S. GILLIAM, JR.
United States District Judge
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