Alvarez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT TOBIAS ALVAREZ, Case No. 21-cv-04626-HSG

Petitioner, ORDER DENYING REQUEST FOR

APPOINTMENT OF COUNSEL

v. Re: Dkt. No. 9 JIM ROBERTSON, Respondent.

12 Petitioner has requested appointment of counsel, stating that an attorney is needed because he is indigent and cannot afford to hired a counsel, and that his interests would be protected by professional assistance. Dkt. No. 9. Petitioner’s request is DENIED for the following reasons. The Sixth Amendment right to counsel does not apply in habeas corpus actions. Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes a district court to appoint counsel to represent a habeas petitioner whenever “the court determines that the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B). The decision to appoint counsel is within the discretion of the district court. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). The courts…