Shipley v. Swarthout

Filing 5

ORDER DENYING REQUEST FOR COUNSEL 4 (Illston, Susan) (Filed on 11/1/2012)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

CRAIG STEPHEN SHIPLEY,

9
10

No. C 12-5041 SI (pr)

Petitioner,

ORDER DENYING REQUEST FOR
COUNSEL

v.

United States District Court
For the Northern District of California

11
12

GARY SWARTHOUT, Warden,
Respondent.

13

/

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Petitioner requests that counsel be appointed to represent him in this action. 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 # 4.)
IT IS SO ORDERED.
DATED: November 1, 2012
SUSAN ILLSTON
United States District Judge