Ellawendy

Ellawendy v. Monterey County Superior Court

Good Law
United States District Court, Northern District of CaliforniaJanuary 10, 20235:20-cv-02708California207 words

Opinion

Trial Court Opinion

] 2 3

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA ABDELFATAH ELLAWENDY, Petitioner, Case No. 20-02708 BLF (PR) V. g ORDER DENYING MOTION TO

APPOINT COUNSEL

MONTEREY COUNTY SUPERIOR

? || COURT, Respondent. 11 Petitioner moves for the appointment of counsel. Dkt No. 31. 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. 1986). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes a district court to appoint counsel to represent a habeas petitioner whenever “‘the 2 g court determines that the interests of justice so require” and such person is financially

unable to obtain representation. Appointment is not warranted in this case. Not only has Petitioner failed to present any argument in support of his motion, but there are also no

pending deadlines as Petitioner has already filed a traverse, Dkt. No. 30. Accordingly, Petitioner’s motion for appointment of counsel is DENIED.

…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.