Opinion
No. C 07-2233 MHP (pr).
October 22, 2007
ORDER
Petitioner's motion for appointment of counsel to represent him in this action is DENIED. (Docket # 6.) 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.
IT IS SO ORDERED.