The following excerpt is from Thorton v. Fisher, Case No.: 16cv2492 PCL (S.D. Cal. 2017):
is a matter left to the court's discretion, unless an evidentiary hearing is necessary. See Knaubert v. Goldsmith, 791 F.2d 722, 728-30 (9th Cir. 1986) (explaining that the interests of justice require appointment of counsel when the court conducts an evidentiary hearing on the petition).
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