Dunn

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEYLEN M. DUNN, Case No. 21-cv-09036-YGR (PR)

Petitioner, ORDER DENYING PETITIONER’S

MOTIONS FOR APPOINTMENT OF

v. COUNSEL AND FOR AN

EVIDENTIARY HEARING; AND

PATRICK COVELLO, Warden, GRANTING HIM EXTENSION OF

TIME TO FILE TRAVERSE

Respondent.

Petitioner has requested the appointment of counsel and an evidentiary hearing. Dkts. 32, 33. The Sixth Amendment right to counsel does not apply in habeas corpus actions. See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). Title 18 U.S.C. § 3006A (a)(2)(B), however, authorizes a district court to appoint counsel to represent a habeas petitioner whenever “the court determines that the interests of justice so require” and such person is financially unable to obtain representation. The decision to appoint counsel is within the discretion of the district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Knaubert, 791 F.2d at 728; Bashor v.…