Stokes

MEMORANDUM *

Petitioner Willie Stokes appeals the dismissal of his petition for a writ of habeas corpus, filed under 28 U.S.C. § 2254 . The district court granted a certificate of ap-pealability on two issues: whether Stokes was denied effective assistance of counsel when his trial counsel withdrew his plea of *479 not guilty by reason of insanity and whether he was denied due process when the trial court failed to hold a hearing on his competency to stand trial. Because Stokes should be appointed habeas counsel and permitted to engage in discovery, we vacate the dismissal of his petition and remand for further proceedings.

Under 18 U.S.C. § 3006A(a)(2)(B), district courts are authorized to appoint counsel for habeas petitioners when “the interests of justice so require.” A district court may permit discovery in habeas cases “for good cause,” Rules Governing § 2254 Cases, Rule 6(a), 28 U.S.C. foil. § 2254, and may permit the record to be expanded by the inclusion of additional relevant materials. Id. at Rule 7. 1 We review a district court’s failure to appoint counsel or authorize discovery for an abuse of discretion. See Terrovona v. Kincheloe, 852 F.2d 424, 429 (9th Cir.1988)…