Matuk v. Hoshino

Filing 38

ORDER by Judge James Donato denying 36 Motion to Appoint Counsel; denying 37 Motion for Reconsideration. (jdlc2S, COURT STAFF) (Filed on 7/20/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUBEN MATUK,
Plaintiff,

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v.
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MARTIN HOSHINO,
Defendant.

Case No. 13-cv-00204-JD
ORDER DENYING PETITIONER’S
MOTION FOR APPOINTMENT OF
COUNSEL AND RESPONDENT’S
MOTION FOR RECONSIDERATION
Re: Dkt. Nos. 36, 37

United States District Court
Northern District of California

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The Court has already filed a decision on the habeas petition in this case and the Clerk has

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entered judgment. Dkt. Nos. 34, 35. Petitioner now moves for appointment of counsel nunc pro

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tunc, Dkt. No. 36, and respondent moves for reconsideration under Federal Rule of Civil

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Procedure 59(e). Dkt. No. 37. The Court denies both motions.

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The motion for appointment of counsel is petitioner’s third request. The Court denied it

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the first two times around. The fact that the Court granted the habeas petition in part does not alter

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the truth of its previous finding: petitioner “presented his claims adequately in the petition, and

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they are not particularly complex.” Dkt. No. 9. This remains true for the portion of the petition on

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which petitioner prevailed. The Court consequently denies petitioner’s counsel’s motion for nunc

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pro tunc appointment.

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Respondent moves the Court to “alter or amend its June 29, 2015, order granting

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petitioner’s habeas petition in part.” Dkt. No. 37 at 1. Respondent argues that “the district court

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clearly erred in its harmless error analysis and its failure to apply Brecht v. Abrahamson, 507 U.S.

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619 (1993) to this case.” Id. at 2. But any suggestion that the Court did not engage in a harmless

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error analysis is incorrect. The Court clearly engaged in a harmless error analysis and found the

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error here was not harmless. Dkt. No. 34 at 11. Respondent’s motion is denied.

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IT IS SO ORDERED.
Dated: July 20, 2015

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________________________
JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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