Trate

(HC) Collins v. Trate

Good Law
United States District Court, Eastern District of CaliforniaSeptember 6, 20221:22-cv-01114California404 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8

JASON C. COLLINS, 1:22 -cv-01114-HBK (HC) Petitioner,

ORDER DENYING MOTION FOR

v. APPOINTMENT OF COUNSEL

TRATE, Warden, (Doc. No. 3)

Respondent.

16 Before the court is Petitioner’s motion to appoint counsel. (Doc. No. 3). 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). Petitioner requests the court to appoint counsel to represent him because he is unskilled, the issues in the case are complex, he does not have “access to the materials needed to argue these claims correctly” and he does not have access to “state law terminology and definitions” in federal prison, (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 court to 26 …

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