Thornton v. Stainer

Filing 8

ORDER denying 4 Motion to Appoint Counsel. Signed by Magistrate Judge Peter C. Lewis on 1/13/12. (All non-registered users served via U.S. Mail Service)(lmt)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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William Cecil Thornton,

Case No. 11cv1266 JLS (PCL)
Petitioner, ORDER DENYING MOTION
FOR APPOINTMENT OF
COUNSEL

v.
Michael Stainer,

(Doc. No. 4)
Respondent.
MOTION FOR APPOINTMENT OF COUNSEL

Petitioner requests the Court appoint counsel to assist him in his habeas case. (Doc. No.

18 4.) The Sixth Amendment right to counsel does not extend to federal habeas corpus actions by
19 state prisoners. See McCleskey v. Zant, 499 U.S. 467, 495 (1991 (citing Pennsylvania v. Finley,
20 481 U.S. 551, 555 (1987) (“The right to appointed counsel extends to the first appeal of right,
21 and no further”); Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996) (noting that there
22 currently exists no constitutional right to appointment of counsel in habeas proceedings); Chaney
23 v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986).
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However, courts may appoint counsel for financially eligible habeas petitioners seeking

25 relief pursuant to 28 U.S.C. § 2254 where “the interests of justice so require.” 18 U.S.C. §
26 3006A(a)(2)(B); Chaney, 801 F.2d at 1196. Whether or not to appoint counsel is a matter left to
27 the court’s discretion, unless an evidentiary hearing is necessary. See Knaubert v. Goldsmith,
28 791 F.2d 722, 728-30 (9th Cir. 1986) (explaining that the interests of justice require appointment
of counsel when the court conducts an evidentiary hearing on the petition).

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Petitioner’s petition contains straightforward claims, and no evidentiary hearing has been

2 requested. Accordingly, Petitioner’s request for appointment of counsel is DENIED.
3 DATE: January 13, 2012
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Peter C. Lewis
U.S. Magistrate Judge
United States District Court

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The Honorable Sammartino
All Parties and Counsel of Record

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11cv1266 JLS (PCL)

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