Cates

(HC) Sholes v. Cates

Good Law
United States District Court, Eastern District of CaliforniaOctober 8, 20211:21-cv-01006California507 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRONE ANTHONY SHOLES, Case No. 1:21-cv-01006-DAD-HBK Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR THE APPOINTMENT OF COUNSEL

v. (Doc. No. 18) B. GATES, WARDEN, Respondent. 16 Petitioner Tyrone Anthony Sholes, a state prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Respondent moved to dismiss the petition. (Doc. No. 14). Incorporated in Petitioner’s opposition to Respondent’s motion to dismiss is a motion for the appointment of counsel. (Doc. No. 18 at 5-6). In his motion, Petitioner states that he is indigent and does not understand the complexities of the law. (Id.). For the reasons stated below, the Court will deny Petitioner’s motion. 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…

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