1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10

11 FRANCIS ANTHONY HUMES, Case No. 21-05123 BLF (PR) 12 Petitioner, ORDER DENYING MOTION FOR 13 v. APPOINTMENT OF COUNSEL

14 MONTEREY COUNTY JAIL,

15 Respondent.

16 (Docket No. 8)

17 18 Petitioner, a California inmate, filed a pro se petition for a writ of habeas corpus 19 pursuant to

20 Petitioner has filed a motion requesting the appointment of counsel. Dkt. No. 8. 21 The Sixth Amendment’s right to counsel does not apply in habeas corpus actions. See 22 Knaubert v. Goldsmith,

(9th Cir.), cert. denied,

(1986). 23 Unless an evidentiary hearing is required, the decision to appoint counsel is within the 24 discretion of the district court. See Id. at 728; Bashor v. Risley,

(9th 25 Cir.), cert. denied,

(1984). An evidentiary hearing does not appear necessary 26 at this time, and there are no exceptional circumstances to warrant appointment of counsel. 27 1 || Accordingly, Petitioner’s motion for appointment of counsel, Dkt. No. 8 is DENIED 2 || without prejudice to the Court’s sua sponte reconsideration should the Court later find an 3 || evidentiary hearing necessary following consideration of the merits of Petitioner’s claims. 4 This order terminates Docket No. 8. 5 IT IS SO ORDERED. 6 || Dated: _ October 14, 2021 __ fobs Lys hamautn/ 7 BETH LABSON FREEMAN United States District Judge 8 9 10 1] g

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