Humes

Humes v. Monterey County Jail

Good Law
United States District Court, Northern District of CaliforniaOctober 14, 20215:21-cv-05123California283 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

FRANCIS ANTHONY HUMES, Case No. 21-05123 BLF (PR) Petitioner,

ORDER DENYING MOTION FOR

v. APPOINTMENT OF COUNSEL

MONTEREY COUNTY JAIL,

Respondent.

(Docket No. 8)

17 Petitioner, a California inmate, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.1 Petitioner has filed a motion requesting the appointment of counsel. Dkt. No. 8. 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 discretion of the district court. See Id. at 728; Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984). An evidentiary hearing does not appear necessary at this time, and there are no exceptional circumstances to warrant…

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.