(HC)West v. Attorney General of the State of California ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH JAMES WEST, ) Case No.: 1:22-cv-00172-BAK (HBK) (HC) ) 12 Petitioner, ) ORDER DENYING MOTIONS FOR ) APPOINTMENT OF COUNSEL 13 v. ) ) (Docs. 2, 8) 14 ATTORNEY GENERAL OF THE STATE OF ) CALIFORNIA, 15 ) ) 16 Respondent. ) 17 18 Petitioner, a state prisoner, has pending a Petition for Writ of Habeas Corpus filed pursuant to 19 28 U.S.C. § 2254 (Doc. No. 1) that was transferred to this Court on February 10, 2022 (Doc. No. 5). 20 Pending are Petitioner’s motion to appoint counsel filed February 7, 2022 (Doc. No. 2) and February 21 22, 2022 (Doc. No. 8). Petitioner seeks appointment of counsel due to his indigence and lack of legal 22 training. Doc. Nos. 2, 8. 23 There is no automatic, constitutional right to counsel in federal habeas proceedings. See 24 Coleman v. Thompson, 501 U.S. 722, 752 (1991); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 25 1958). The Criminal Justice Act, 18 U.S.C. § 3006A, however, authorizes this court to appoint 26 counsel for a financially eligible person who seeks relief under § 2254 when the “court determines that 27 the interests of justice so require.” Id. at § 3006A(a)(2)(B); see also Chaney v. Lewis, 801 F.2d 1191, 28 1196 (9th Cir. 1986). Moreover, the Rules Governing Section 2254 Cases in the United States District 1 || showing of good cause and appointment of counsel is necessary for effective discovery; or (2) when 2 || the court has determined that an evidentiary hearing is warranted. /d. at Rs. 6(a) and 8(c). 3 This case is at the early stages. Respondent has not yet been directed to respond to the 4 || Petition. Based upon the record, the court finds Petitioner has not demonstrated that appointment of 5 || counsel is necessary at this stage of the proceedings. Provided Petitioner meets the criteria set forth 1 6 || 18 U.S.C. § 3006A, the court will consider appointing counsel to represent Petitioner if the court late: 7 || finds good cause to permit discovery or if the court decides that an evidentiary hearing is warranted 11 8 || this matter. 9 Accordingly, it is ORDERED: 10 Petitioner’s motions for appointment of counsel (Doc. Nos. 2, 8) are DENIED without 11 || prejudice. 12 13 14 || Dated: _February 23, 2022 Mihaw. □□□ foareA Zacks HELENA M. BARCH-KUCHTA 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28