Hairston
Hairston v. Strayhorn
Opinion
Trial Court Opinion
I. BACKGROUND
18 Before the Court is Kevin Tyrone Izal Hairston’s (“Petitioner”) Motion to Appoint 19 Counsel (“Motion”). (Doc. No. 9.) Petitioner moves the Court for an order appointing 20 counsel to act on his behalf and cites to his inability to afford counsel, limited access to the 21 law library due to his incarceration, and limited knowledge of the law as grounds for relief. 22 (Id., ¶¶1-2.)
II. APPLICABLE LAW
24 The Sixth Amendment right to counsel does not extend to federal habeas corpus 25 actions by state prisoners. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Chaney v. 26 Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Knaubert v. Goldsmith, 791 F.2d 722, 728 27 (9th Cir. 1986). However, financially eligible habeas petitioners seeking relief pursuant to 28 28 U.S.C. section 2254 may obtain representation whenever the court “determines that the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B) (West 2000); Terrovona v. Kincheloe, 912 F.2d 1176, 1181 (9th Cir. 1990); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984). In the Ninth Circuit, “[i]ndigent state prisoners applying for habeas relief are not entitled to appointed…