Richardson v. Biter

Filing 22

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERICK JAY RICHARDSON,

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United States District Court
For the Northern District of California

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No. C 12-2853 SI (pr)

Petitioner,

ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL

v.
M.D. BITER, warden,
Respondent.
/

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This habeas petition was denied on the merits on October 3, 2013. Petitioner has now

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requested that counsel be appointed. A district court may appoint counsel to represent a habeas

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petitioner whenever "the court determines that the interests of justice so require" and such person

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is financially unable to obtain representation. 18 U.S.C. § 3006A(a)(2)(B). The decision to

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appoint counsel is within the discretion of the district court. See Chaney v. Lewis, 801 F.2d

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1191, 1196 (9th Cir. 1986). Appointment is mandatory only when the circumstances of a

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particular case indicate that appointed counsel is necessary to prevent due process violations.

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See id. The interests of justice do not require appointment of counsel in this action. The request

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for appointment of counsel is DENIED. (Docket # 21.)

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IT IS SO ORDERED.

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DATED: November 22, 2013

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SUSAN ILLSTON
United States District Judge