Frank v. Arnald ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTHONY A. FRANK, Case No. 18-cv-03967-EMC 8 Petitioner, ORDER DENYING REQUEST FOR ? v. COUNSEL 10 ERIC ARNALD, Docket No. 26 11 Respondent. 12 13 Petitioner has filed a second request for appointment of counsel to represent him in this 14 || action. A district court may appoint counsel to represent a habeas petitioner whenever “the court 3 15 || determines that the interests of Justice so require” and such person is financially unable to obtain 16 representation. 18 U.S.C. § 3006A(a)(2)(B). The decision to appoint counsel is within the 3 17 discretion of the district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). 18 || Appointment is mandatory only when the circumstances of a particular case indicate that 19 || appointed counsel is necessary to prevent due process violations. See id. At this time, the 20 || interests of justice do not require appointment of counsel in this action. Petitioner has adequately 21 || pled his claims for relief and states that all of his claims previously were presented in state court. 22 || Petitioner’s request for appointment of counsel is DENIED. Docket No. 26. 23 The March 13, 2020 deadline for Petitioner to file a traverse remains in place. 24 IT IS SO ORDERED. 25 26 Dated: January 31, 2020 <4 28 ED M. CHEN United States District Judge