Blackgold

Blackgold v. Madden

Good Law
United States District Court, Southern District of CaliforniaJuly 17, 20233:23-cv-00013California430 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SUTEN BLACKGOLD, Case No.: 3:23-cv-00013-CAB-BGS

Petitioner, ORDER DENYING PETITIONER'S v. REQUEST FOR APPOINTMENT OF

COUNSEL

RAYMOND MADDEN,

Respondent. [ECF 8] 16 Suten Blackgold, Petitioner, moves for an appointment of counsel. (ECF 8.) Petition filed a Petition for Writ of Habeas Corpus on January 1, 2023. (ECF 1.) His application to proceed in forma pauperis has been granted. (ECF 6.) For the following reasons, Petitioner’s request for an appointment of counsel is DENIED. The Sixth Amendment right to counsel does not extend to federal habeas corpus actions by state prisoners. McClesky v. Zant, 499 U.S. 467, 495 (1991); Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). Even so, financially eligible habeas petitioners seeking relief pursuant to 28 U.S.C. § 2254 may receive court-appointed counsel when the court determines that “the interests of justice so require.” 18…

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