Glover v. Swarthart

Filing 9

ORDER (SI, COURT STAFF) (Filed on 11/9/2011)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10

LLOYD RONALD GLOVER,

11
12
13

No. C 11-1191 SI (pr)

Petitioner,

ORDER

v.
GARY SWARTHOUT, warden,

14

Respondent.
/

15
16

Petitioner requests that counsel be appointed to represent him in this action. A district

17

court may appoint counsel to represent a habeas petitioner whenever "the court determines that

18

the interests of justice so require and such person is financially unable to obtain representation."

19

18 U.S.C. § 3006A(a)(2)(B). The decision to appoint counsel is within the discretion of the

20

district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). Appointment is

21

mandatory only when the circumstances of a particular case indicate that appointed counsel is

22

necessary to prevent due process violations. See id. The interests of justice do not require

23

appointment of counsel in this action. The request for appointment of counsel is DENIED.

24

(Docket # 8.)

25

IT IS SO ORDERED.

26

DATED: November 9, 2011

27
28

SUSAN ILLSTON
United States District Judge