Free Order on Motion to Appoint Counsel - District Court of California - California

Case 3:08-cv-00853-WHA

Document 6

Filed 02/21/2008

Page 1 of 1

1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 TRAVELL BROWN, Petitioner, v. ROBERT HOREL, Respondent. / The Court has received petitioner's motion for appointment of counsel. "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). However, 18 U.S.C. 3006A(a)(2)(B) authorizes appointment of 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." The decision to appoint counsel is within the discretion of the district court. Chaney v. Lewis, 801 F.2d 1191, 1196 ( 9th Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Knaubert, 791 F.2d at 728. Here, because the issues have already been developed in state court and the interests of justice do not require appointment, the motion is DENIED. IT IS SO ORDERED. ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL No. C 08-00853 WHA IN THE UNITED STATES DISTRICT COURT

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: February 21, 2008.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE