Moore

(HC) Garrett v. Moore

Good Law
United States District Court, Eastern District of CaliforniaOctober 19, 20221:22-cv-00899California387 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8

CHARLES DEVON GARRETT, 1:22-cv-00899-JLT-HBK (HC) Petitioner,

ORDER DENYING MOTION FOR

v. APPOINTMENT OF COUNSEL

SHAWN MOORE, (Doc. No. 19)

Respondent.

16 17 Before the court is Petitioner’s motion to appoint counsel. (Doc. No. 19). Petitioner, a state prisoner, has pending a pro se amended petition for writ of habeas corpus filed under 28 U.S.C. § 2254. (Doc. No. 3). Petitioner requests the court to appoint counsel to represent him because he does not have frequent access to the law library, which “is hindering him from effectively litigating his case.” (Doc. No. 19). 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 when the “court 27 …

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