Edwards v. Baughman

Filing 26

ORDER DENYING SECOND REQUEST FOR APPOINTMENT OF COUNSELdenying 25 Motion to Appoint Counsel. (Illston, Susan) (Filed on 6/28/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES EDWARDS,

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Petitioner,

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United States District Court
Northern District of California

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Case No. 17-cv-06469-SI
ORDER DENYING SECOND REQUEST
FOR APPOINTMENT OF COUNSEL

v.
DAVID BAUGHMAN,

Re: Dkt. No. 25

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 determines

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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).

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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 justice

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do not require appointment of counsel at this time. The request for appointment of counsel is

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DENIED. Docket No. 25.

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The decision to appoint counsel is within the

IT IS SO ORDERED.
Dated: June 28, 2018
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SUSAN ILLSTON
United States District Judge