Gomez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELROY PEDRO GOMEZ, Case No. 19-cv-06129-SI

Petitioner,

ORDER DENYING REQUEST FOR

v. APPOINTMENT OF COUNSEL

WILLIAM “JOE” SULLIVAN, Re: Dkt. No. 14 Respondent.

12 Petitioner has filed a request for appointment of counsel 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. Petitioner adequately pled his claim for relief in a habeas…