Gastelo

(HC) Potts v. Gastelo

Good Law
United States District Court, Eastern District of CaliforniaDecember 8, 20201:20-cv-01236California527 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN POTTS, Case No. 1:20-cv-01236-NONE-HBK Petitioner, ORDER DENYING APPOINTMENT OF

COUNSEL

v. (Doc. No. 2) J. GASTELO,

Respondent.

16 Before the Court is Petitioner’s construed motion for appointment of counsel. (Doc. No. 2). 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, stating that the legal issues in his case are complex, that he will be unable to review certain audio and video recordings without counsel, and that his access to the law library is limited due to COVID-19 restrictions. 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…

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