(HC) Foster v. Unknown ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS R. FOSTER, Case No. 1:22-cv-00866-HBK 12 Petitioner, ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL 13 v. (Doc. No. 7) 14 UNKNOWN, 15 Respondent. 16 17 Before the court is Petitioner’s motion to appoint counsel. (Doc. No. 7). Petitioner, a 18 state prisoner, has pending a pro se petition for writ of habeas corpus filed under 28 U.S.C. § 19 2254. (Doc. No. 1). Petitioner requests the court to appoint counsel to represent him because he 20 “has no experience on these procedures.” (Doc. No. 7). 21 There is no automatic, constitutional right to counsel in federal habeas proceedings. See 22 Coleman v. Thompson, 501 U.S. 722, 752 (1991); Anderson v. Heinze, 258 F.2d 479, 481 (9th 23 Cir. 1958). The Criminal Justice Act, 18 U.S.C. § 3006A, however, authorizes this court to 24 appoint counsel for a financially eligible person who seeks relief under § 2241 when the “court 25 determines that the interests of justice so require.” Id. at § 3006A(a)(2)(B); see also Chaney v. 26 Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). Moreover, the Rules Governing Section 2254 Cases 27 in the United States District Courts require the court to appoint counsel: (1) when the court has 28 authorized discovery upon a showing of good cause and appointment of counsel is necessary for 1 | effective discovery; or (2) when the court has determined that an evidentiary hearing is warranted. 2 | Id. at Rs. 6(a) and &(c). 3 Based upon the record, the Court finds Petitioner has not demonstrated that appointment 4 | of counsel is necessary at this stage of the proceedings. Petitioner was able to file his habeas 5 | petition without the aid of counsel. Further, the Court does not find the circumstances of this case 6 | indicate that appointed counsel is necessary to prevent due process violations. 7 Accordingly, it is ORDERED: 8 Petitioner’s motion for appointment of counsel (Doc. No. 7) is DENIED without 9 prejudice. 10 | Dated: _ August 18,2022 Wile. Th fareh Zack 12 HELENA M. BARCH-KUCHTA 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28