Shellock v. Biter

Filing 12

ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL (Illston, Susan) (Filed on 8/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GENESIS SHELLOCK,

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Petitioner,

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No. C 12-5121 SI (pr)
ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL

v.

United States District Court
For the Northern District of California

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M. D. BITER, Warden,
Respondent.
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Petitioner has requested that counsel be appointed to represent him in this action. A

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district court may appoint counsel to represent a habeas petitioner whenever "the court

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determines that the interests of justice so require" and such person is financially unable to obtain

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representation. 18 U.S.C. § 3006A(a)(2)(B). The decision to appoint counsel is within the

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discretion of the district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986).

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Appointment is mandatory only when the circumstances of a particular case indicate that

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appointed counsel is necessary to prevent due process violations. See id. The interests of

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justice do not require appointment of counsel in this action. The request for appointment of

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counsel is DENIED. (Docket # 11.) Petitioner is cautioned that he must mail to respondent’s

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counsel a copy of every document he sends to the court.

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IT IS SO ORDERED.
DATED: August 26, 2013

_______________________
SUSAN ILLSTON
United States District Judge