Spillard
Spillard v. Cueva
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 EVERETT L. SPILLARD, II, Case No. 20-02430 BLF (PR) 11 Petitioner,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL v.
14 CUEVA, Warden,
15 Respondent. (Docket No. 13)
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 August 13, 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. 9. Respondent’s answer is currently due no later than January 11, 2022. Petitioner has filed a motion for appointment of counsel. Dkt. No. 13. 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…