Humes
Humes v. Monterey County Jail
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…