Cofield v. McDonald
ORDER by Judge Lucy H. Koh denying 9 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 12/14/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
VINCENT E. COFIELD,
WARDEN MIKE MCDONALD,
No. C 12-4556 LHK (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Docket No. 9.)
Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion for appointment of counsel.
However, the Sixth Amendment’s right to counsel does not apply in habeas corpus actions.
Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). While 18 U.S.C. § 3006A(a)(2)(B)
authorizes a district court to appoint counsel to represent a habeas petitioner if “the court
determines that the interests of justice so require,” the courts have made appointment of counsel
the exception rather than the rule. Appointment is mandatory only when the circumstances of a
particular case indicate that appointed counsel is necessary to prevent due process violations.
See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). At this time, appointment of counsel
is not mandated, and the interests of justice do not require appointment of counsel. Accordingly,
Petitioner’s request is DENIED. This denial is without prejudice to the Court’s sua sponte
reconsideration should the developments of this case dictate otherwise.
This order terminates docket number 9.
IT IS SO ORDERED.
LUCY H. KOH
United States District Judge
Order Denying Motion for Appt. of Counsel
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