Richardson v. Biter
ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL 21 (Illston, Susan) (Filed on 11/22/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ERICK JAY RICHARDSON,
United States District Court
For the Northern District of California
No. C 12-2853 SI (pr)
ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL
M.D. BITER, warden,
This habeas petition was denied on the merits on October 3, 2013. Petitioner has now
requested that counsel be appointed. 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. (Docket # 21.)
IT IS SO ORDERED.
DATED: November 22, 2013
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?