Peasley

Peasley v. People of the State of California

Good Law
United States District Court, Northern District of CaliforniaNovember 7, 20233:23-cv-04218California752 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID S. PEASLEY, Case No. 23-cv-04218-JSC

Plaintiff, ORDER GRANTING MOTION FOR

APPOINTMENT OF COUNSEL;

v. INSTRUCTIONS TO CLERK;

DIRECTING FEDERAL PUBLIC

PEOPLE OF THE STATE OF DEFENDER TO FILE NOTICE OF CALIFORNIA, et al., APPEARANCE 11 Defendants. Re: Dkt. No. 14 12 Petitioner, a California prisoner proceeding without representation by an attorney, filed this petition for writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, the Court found it stated two claims capable of judicial review and determination and ordered Respondent to show cause why the petition should not be granted. (ECF No. 13.) Petitioner moves for appointment of counsel. (ECF No. 14.) The Sixth Amendments 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 …

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