Mitchell v. CDCR Director

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 KENYATTA Q. MITCHELL, Case No.: 24-cv-01080-AJB-JLB

Petitioner,

ORDER DENYING PETITIONER’S

v. MOTION TO APPOINT COUNSEL

CDCR DIRECTOR, et al., [ECF No. 8] Respondents. 18 On August 12, 2024, petitioner Kenyatta Q. Mitchell (“Petitioner”) filed a Motion for Appointment of Counsel. (ECF No. 8.) In support of the motion, Petitioner argues his “imprisonment will greatly limit his ability to litigate this case,” the issues are “complex[,] involving constitutional questions,” a lawyer would assist Petitioner with presentation of all evidentiary materials “[i]n the event of an evidentiary hearing,” and he has made “repeated efforts” to retain qualified counsel. (Id. at 1–2.) The Sixth Amendment right to counsel does not extend to federal habeas corpus actions by state prisoners. See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (“We have never held that prisoners have a constitutional right…