(HC) Frank v. Warden, USP Atwater

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. 20) WARDEN, USP ATWATER, Respondent. 16 Petitioner Jimmy Lee Frank, a federal prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1). Petitioner moves for the appointment of counsel. (Doc. No. 20). Petitioner requests the court to appoint counsel to represent him because he has limited access to the law library and jailhouse lawyers, and he believes 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 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 § 2241…