(HC)Kahaku

(HC)Kahaku v. Covello

Good Law
United States District Court, Eastern District of CaliforniaDecember 28, 20211:21-cv-01597California472 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL KAHAKU, Case No. 1:21-cv-01597-HBK Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR APPOINTMENT OF COUNSEL

v. (Doc. No. 3) PATRICK COVELLO, WARDEN, Respondent. 16 Before the court is Petitioner’s motion to appoint counsel. (Doc. No. 3). Petitioner, a state prisoner, has pending a pro se petition for writ of habeas corpus filed under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner requests the court to appoint counsel to represent him because the petition “presents an important question of law,” Petitioner lacks education, the case will impact “hundreds of petitioners,” and Petitioner is indigent and is in no position to investigate crucial facts. (Doc. No. 3). 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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.