Is the District Court wrong in dismissing a motion for habeas?

Rivera-Sanchez claims that the district court also erred in failing to provide him with the assistance of counsel during his habeas proceedings. In light of our reversal of the district court's dismissal, we need not reach this claim. On remand, however, the district court should consider whether counsel should be appointed under 18 U.S.C. 3006A(a)(2)(B) (1988). A financially eligible "habeas petitioner may obtain representation whenever a magistrate or the district court 'determines that the interests of justice so require.' " Terrovona v. Kincheloe, 912 F.2d 1176, 1181 (9th Cir.1990) (quoting section 3006A(a)(2)(B) (1988)), cert. denied, 111 S.Ct. 1631 (1991). "In deciding whether to appoint counsel in a habeas proceeding, the district court must evaluate the likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved." Weygandt v. Look, 718 F.2d 952, 954 (9th Cir.1983).