Gastelo

(HC) Roberts v. Gastelo

Good Law
United States District Court, Eastern District of CaliforniaDecember 7, 20201:20-cv-01206California485 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DESHAWN ROBERTS, Case No. 1:20-cv-01206-HBK Petitioner, ORDER DENYING APPOINTMENT OF

COUNSEL

v. Doc. No. 7 JOSIE GASTELO,

Respondent.

16 Before the Court is Petitioner’s motion to appoint counsel. (Doc. No. 7). Petitioner filed a pro se Petition for Writ of Habeas Corpus seeking relief pursuant to 28 U.S.C. § 2254. (Doc. No. 1). Petitioner now requests that the Court appoint counsel to represent him in this case due to petitioner’s difficulty conducting legal research under his prison’s COVID- restrictions. Petitioner also states that he has a learning disability. There is no automatic, constitutional right to counsel in federal habeas proceedings. See Coleman v. Thompson, 501 U.S. 722, 752 (1991); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). The Criminal Justice Act, 18 U.S.C. § 3006A, however, authorizes this Court to appoint counsel for a financially eligible person who seeks relief under § 2254…

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