Treadaway v. Biter

Filing 11

ORDER (Illston, Susan) (Filed on 12/16/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ERIC WILLIAM TREADAWAY, 9 10 11 United States District Court For the Northern District of California 12 No. C 11-2640 SI (pr) Petitioner, ORDER v. M D. BITER, warden, Respondent. / 13 14 Petitioner requests that counsel be appointed to represent him in this action. A district 15 court may appoint counsel to represent a habeas petitioner whenever "the court determines that 16 the interests of justice so require and such person is financially unable to obtain representation." 17 18 U.S.C. ยง 3006A(a)(2)(B). The decision to appoint counsel is within the discretion of the 18 district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). Appointment is 19 mandatory only when the circumstances of a particular case indicate that appointed counsel is 20 necessary to prevent due process violations. See id. The interests of justice do not require 21 appointment of counsel in this action. The request for appointment of counsel is DENIED. 22 (Docket # 10.) 23 In light of the possibility that petitioner was waiting for a ruling on the motion for 24 appointment of counsel before filing his opposition to respondent's motion to dismiss, the court 25 26 27 28 1 will set new deadlines on that motion. Petitioner must file and serve his opposition to the motion 2 to dismiss on or before January 20, 2012. Respondent must file and serve any reply brief on 3 or before February 6, 2012. 4 IT IS SO ORDERED. 5 DATED: December 16, 2011 SUSAN ILLSTON United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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