DeBose v. Madden ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LOUIS LOVELL DEBOSE, Case No.: 20-CV-1132-MMA(WVG) 12 Petitioner, ORDER DENYING WITHOUT 13 v. PREJUDICE PETITIONER’S MOTION TO APPOINT COUNSEL 14 RAYMOND MADDEN, Warden, 15 Respondent. [Doc. No. 4.] 16 17 The Sixth Amendment right to counsel does not extend to federal habeas corpus 18 actions by state prisoners. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Chaney v. 19 Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Knaubert v. Goldsmith, 791 F.2d 722, 728 20 (9th Cir. 1986). However, financially eligible habeas petitioners seeking relief pursuant to 21 28 U.S.C. § 2254 may obtain representation whenever the court “determines that the 22 interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B) (West 2000); Terrovona v. 23 Kincheloe, 912 F.2d 1176, 1181 (9th Cir. 1990); Bashor v. Risley, 730 F.2d 1228, 1234 24 (9th Cir. 1984). In the Ninth Circuit, “[i]ndigent state prisoners applying for habeas relief 25 are not entitled to appointed counsel unless the circumstances of a particular case indicate 26 that appointed counsel is necessary to prevent due process violations.” Chaney, 801 F.2d 27 at 1196; Knaubert, 791 F.2d at 728-29. 28 1 In support of his request for appointment of counsel, Petitioner discusses a slew of 2 || matters extraneous to the core consideration of appointment of counsel. A small portion of 3 ||the motion does mention the alleged inadequacy of the prison law library. However, the 4 || Court is not satisfied that Petitioner cannot pursue the Petition even with the constraints he 5 describes. Petitioner’s request for appointment of counsel is DENIED without prejudice. 6 IT IS SO ORDERED. 7 ||Dated: July 29, 2020 Hon. William V. Gallo 10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28