Smith v. Chappell

Filing 39

ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL 34 (Illston, Susan) (Filed on 2/6/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 11-01791 SI

TROY SMITH,

ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL

Petitioner,
v.
KEVIN CHAPPELL, in his capacity as Warden
of the San Quentin State Prison,
Respondent.

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Petitioner requested appointment of counsel on December 12, 2013. Docket No. 34. 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
request for appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated: February 6, 2014
SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE