Brown v. The Attorney General of the State of California et al
ORDER DENYING APPOINTMENT OF COUNSEL 10 (Illston, Susan) (Filed on 5/19/2012)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
No. C 11-0977 SI (pr)
ORDER DENYING APPOINTMENT
United States District Court
For the Northern District of California
OF THE STATE OF CALIFORNIA;
12 MICHAEL HENNESSEY,
San Francisco Sheriff,
Petitioner requests that counsel be appointed to represent him in this action. A district
court may 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."
18 U.S.C. § 3006A(a)(2)(B). 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). Appointment is
mandatory only when the circumstances of a particular case indicate that appointed counsel is
necessary to prevent due process violations. See id. The interests of justice do not require
appointment of counsel in this action. The issues he raises here were fully briefed in state court
by his appointed counsel. The request for appointment of counsel is DENIED. (Docket # 10.)
IT IS SO ORDERED.
DATED: May 19, 2012
United States District Judge
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