King v. Frauenheim

Filing 12

ORDER DENYING REQUEST FOR COUNSEL 11 (Illston, Susan) (Filed on 2/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES EDWARD KING
(CDCR # J-74101),

United States District Court
For the Northern District of California

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ORDER DENYING REQUEST FOR
COUNSEL

Petitioner,

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No. C 14-5267 SI (pr)

v.
SCOTT FRAUENHEIM, Warden,
Respondent.
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Petitioner has filed a second request for counsel to 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 second request for appointment
of counsel is DENIED. (Docket # 11.)
IT IS SO ORDERED.
DATED: February 27, 2015
SUSAN ILLSTON
United States District Judge