Garrett v. Runnels

Filing 60

ORDER by Judge ARMSTRONG denying 53 Motion for Reconsideration ; denying 53 Motion to Reopen Case; terminating 57 Motion (lrc, COURT STAFF) (Filed on 3/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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WILLIAM RUSSELL GARRETT,

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Petitioner,
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v.
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D.L. RUNNELS,
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Respondent.
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__________________________________________ )

No. C 06-5182 SBA (pr)
ORDER DENYING MOTION FOR
RECONSIDERATION;
ORDER DENYING MOTION FOR
THE APPOINTMENT OF COUNSEL

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The Court denied the petition in the above-titled matter, and entered judgment in favor of

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Respondent on May 21, 2009. (See Docket Nos. 42 & 43.) This Court also denied Petitioner's

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request for a certificate of appealability (see Docket No. 48), as has the Ninth Circuit Court of

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Appeals (see Docket No. 51).

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Petitioner now moves, pursuant to Federal Rule of Civil Procedure ("FRCP") 60(b)(1), for
reconsideration of the judgment and the order denying the petition because of mistakes made by the
state and federal courts. (See Docket No. 53.) A motion brought pursuant to FRCP 60(b)(1) must
be filed "no more than a year after the entry of judgment or order or date of proceeding." See FRCP

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60(c)(1).
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Petitioner's motion is untimely. Specifically, Petitioner filed the present motion on
November 21, 2011, well more than a year after judgment was entered on May 21, 2009, and it is

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therefore barred by the filing requirement set forth in FRCP 60(c)(1). Accordingly, Petitioner's

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motion is DENIED.

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Petitioner also has filed a motion for reasonable accommodations (Docket No. 57) which in

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actuality is a motion for the appointment of counsel. In light of the fact that the Court has already

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resolved this action, such request is moot. Alternatively, Petitioner has not otherwise made a

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sufficient showing for the appointment of counsel. There is no right to counsel in habeas corpus

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actions. See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). However, 18 U.S.C.

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For the Northern District of California

United States District Court

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§ 3006A(a)(2)(B) authorizes a district court to 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. 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), and should be granted only

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when exceptional circumstances are present. See generally 1 J. Liebman & R. Hertz, Federal
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Habeas Corpus Practice and Procedure § 12.3b at 383-86 (2d ed. 1994). Petitioner has not shown
that there are exceptional circumstances warranting appointment of counsel, and said motion is
DENIED.
This order terminates Docket Nos. 53 & 57.
IT IS SO ORDERED.
DATED: _3/13/12

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\HC.06\Garrett182.recon.md.frm

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM RUSSELL GARRETT,

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Plaintiff,

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CERTIFICATE OF SERVICE

v.
D.L. RUNNELS et al,
Defendant.

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For the Northern District of California

United States District Court

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Case Number: CV06-05182 SBA

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.
That on March 13, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
in the Clerk's office.

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William R. Garrett V-30110
California Men's Colony
P.O. Box 8101
San Luis Obispo, CA 93409-8101

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Dated: March 13, 2012

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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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G:\PRO-SE\SBA\HC.06\Garrett182.recon.md.frm

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