Cofield v. McDonald

Filing 11

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)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VINCENT E. COFIELD,
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Petitioner,
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v.
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WARDEN MIKE MCDONALD,
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Respondent.
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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

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pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion for appointment of counsel.

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However, the Sixth Amendment’s right to counsel does not apply in habeas corpus actions.

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Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). While 18 U.S.C. § 3006A(a)(2)(B)

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authorizes a district court to appoint counsel to represent a habeas petitioner if “the court

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determines that the interests of justice so require,” the courts have made appointment of counsel

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the exception rather than the rule. Appointment is mandatory only when the circumstances of a

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particular case indicate that appointed counsel is necessary to prevent due process violations.

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See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). At this time, appointment of counsel

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is not mandated, and the interests of justice do not require appointment of counsel. Accordingly,

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Petitioner’s request is DENIED. This denial is without prejudice to the Court’s sua sponte

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reconsideration should the developments of this case dictate otherwise.

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This order terminates docket number 9.

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IT IS SO ORDERED.

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DATED:

12/13/12

LUCY H. KOH
United States District Judge
Order Denying Motion for Appt. of Counsel
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