Xavier

Xavier v. Johnson

Good Law
United States District Court, Northern District of CaliforniaJuly 15, 20215:20-cv-06210California309 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 GARY R. XAVIER, Case No. 20-06210 EJD (PR) 11 Petitioner,

ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL v.

14 RAYMOND JOHNSON, Warden,

15 Respondent. (Docket No. 17)

17 Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction. On May 6, 2021, the Court set a briefing schedule on the cognizable claims, directing Respondent to file an answer or dispositive motion within sixty days of the order. Dkt. No. 12. Respondent’s answer is currently due no later than August 6, 2021. Petitioner has filed a motion for appointment of counsel. Dkt. No. 16. The Sixth Amendment’s right to counsel does not apply in habeas corpus actions. See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir.), cert. denied, 479 U.S. 867 (1986). Unless an evidentiary hearing is required, the decision to appoint counsel is within the…

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