(HC) Frank v. Warden, USP Atwater

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20211:21-cv-00568California515 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY LEE FRANK, Case No. 1:21-cv-00568-HBK Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR APPOINTMENT OF COUNSEL

v. (Doc. No. 7) WARDEN, USP ATWATER, Respondent. 16 Before the court is petitioner’s motion to appoint counsel. (Doc. No. 7). Petitioner, a federal prisoner, has pending a pro se petition for writ of habeas corpus filed under 28 U.S.C. § 2241. (Doc. No. 1). On April 8, 2021, the court directed respondent to file a response to the petition. (Doc. No. 5). Respondent’s response is not yet due. (See Doc. No. 5 at ¶ 1, directing response within sixty days). In his motion, petitioner requests the court to appoint counsel to represent him because he has limited access to the law library and jailhouse lawyers, and he submits the issues in his case are complex. (Id. at 1). There is no automatic, constitutional right to counsel in federal habeas proceedings. See Coleman v. Thompson, 501 U.S. 722, 752 (1991); Anderson…

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