Hovarter

DISCUSSION

19 According to the petition, Petitioner was originally sentenced to death, but was later 20 resentenced to life without the possibility of parole due to an intellectual disability. Dkt Nos. 1 at 21 1; No. 3 at 4 ¶ 8. 22 The state public defender, which represented Petitioner during his trial and subsequent 23 state appeals, filed this request for appointment of counsel on Petitioner’s behalf. In a declaration 24 in support of the motion, the public defender states that Petitioner lacks the intellectual ability to 25 understand the complexity of the law, that several of Petitioner’s claims address the effects of his 26 intellectual disability, the issues presented in the petition are factually complex and refer to the 27 record on appeal which is over 14,000 pages in length, and Petitioner is indigent and unable to afford counsel. Dkt. No. 3. 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…