(HC)Kahaku

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

FOR EVIDENTIARY HEARING AND

v. APPOINTMENT OF COUNSEL PATRICK COVELLO, WARDEN, (Doc. No. 16) Respondent. 16 17 Before the court is petitioner’s motion for an evidentiary hearing and to appoint counsel. 18 (Doc. No. 16). Petitioner, a state prisoner, has pending a pro se petition for writ of habeas corpus 19 filed under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner generally contends that “[i]n light of 20 Rules 6 and 8 governing § 2254 proceedings, this Court should order an evidentiary hearing and 21 appoint counsel to assist petitioner.” (Doc. No. 16). 22 A. Motion for Evidentiary Hearing 23 Evidentiary hearings are granted only under limited circumstances in habeas proceedings. 24 See 28 U.S.C. § 2254(e)(2)(A)(ii). Although Respondent has filed a motion to dismiss, the Court 25 has not yet reviewed the briefing. The Court will review the briefing…