Richardson v. Biter

Filing 22

ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL 21 (Illston, Susan) (Filed on 11/22/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ERICK JAY RICHARDSON, 9 10 United States District Court For the Northern District of California 11 12 No. C 12-2853 SI (pr) Petitioner, ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL v. M.D. BITER, warden, Respondent. / 13 14 This habeas petition was denied on the merits on October 3, 2013. Petitioner has now 15 requested that counsel be appointed. A district court may appoint counsel to represent a habeas 16 petitioner whenever "the court determines that the interests of justice so require" and such person 17 is financially unable to obtain representation. 18 U.S.C. ยง 3006A(a)(2)(B). The decision to 18 appoint counsel is within the discretion of the district court. See Chaney v. Lewis, 801 F.2d 19 1191, 1196 (9th Cir. 1986). Appointment is mandatory only when the circumstances of a 20 particular case indicate that appointed counsel is necessary to prevent due process violations. 21 See id. The interests of justice do not require appointment of counsel in this action. The request 22 for appointment of counsel is DENIED. (Docket # 21.) 23 IT IS SO ORDERED. 24 DATED: November 22, 2013 25 26 27 28 SUSAN ILLSTON United States District Judge

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