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