McDaniels

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SHELTON T. MCDANIELS, Case No. 22-cv-02043-VC

Petitioner,

ORDER DENYING MOTION FOR

v. APPOINTMENT OF COUNSEL

HEATHER SHIRLEY, Re: Dkt. No. 15 Respondent.

Shelton T. McDaniels has filed a petition for a writ of habeas corpus under 28 U.S.C. section 2254. Dkt. No. 1. McDaniels has filed a motion requesting that the court appoint him an attorney to handle his case. Dkt. No. 15. He explains that he is indigent and unable to afford counsel. Id. at 1. 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 have made appointment of counsel the exception rather than the rule by limiting it to: (1) capital cases; (2) cases that turn on…