Quinonez v. Harrington

Filing 27

ORDER re 24 Letter filed by Raymond-Carlos Quinonez. Signed by Judge ARMSTRONG on 12/12/11. (lrc, COURT STAFF) (Filed on 12/13/2011)

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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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ORDER DENYING SECOND REQUEST
FOR APPOINTMENT OF COUNSEL

Petitioner,
v.
WARDEN HARRINGTON,
Respondent.

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No. C 09-4272 SBA (PR)

RAYMOND-CARLOS QUINONEZ,

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On October 3, 2011, Petitioner filed a letter in which he requests appointment of counsel in
this action (docket no. 24). This is his second request for appointment of counsel.
In an Order dated August 25, 2010, the Court denied Petitioner's first request for
appointment of counsel.
Petitioner now notes that on August 30, 2011, he was a "victim of an assault and stabbed in

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the eye and struck and sustained a major orbital fracture." (Oct. 3, 2011 Letter at 1.) He claims that

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his injuries have led to vision problems, which he has classified as a "physical condition that will

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make it unlikely that for one [he'll] be able to do any research . . . or properly respond to the Court

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within guidelines or effectively present [his] pro per case . . . ." (Id. at 2-3.)

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The Court still finds that appointment of counsel is not warranted in this case. Even with his

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vision problems, Petitioner has been able to write a letter to the Court, and his handwriting is

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decipherable. Furthermore, Petitioner's claims are typical claims that arise in criminal appeals and

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are not especially complex. All his pending claims were raised on appeal to the state courts during

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direct review, and he was represented by counsel at that time. Thus, the Court assumes Petitioner

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has access to the briefs filed by his appellate counsel in the state courts.

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This is not an exceptional case that would warrant representation on federal habeas review.

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There also is no indication that an evidentiary hearing is required under 28 U.S.C. § 2254(e).

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Petitioner's claims do not rely upon extra-record evidence and a factual basis exists in the record to

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determine the claims. If during its review of the merits of the petition the Court determines that

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further fact finding is required, the Court will decide whether to hold an evidentiary hearing or

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whether the facts can be gathered by way of mechanisms short of an evidentiary hearing, such as

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supplementation of the record with sworn declarations from the pertinent witnesses. See Downs v.

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Hoyt, 232 F.3d 1031, 1041 (9th Cir. 2000).

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Accordingly, Petitioner's second motion for appointment of counsel is DENIED. This denial

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is without prejudice to reconsideration should the Court on its own motion find an evidentiary

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hearing necessary following consideration of the merits of Petitioner's claims.

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IT IS SO ORDERED.
Dated: 12/12/11
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\SBA\HC.09\Quinonez4272.DenyAtty2.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND-CARLOS QUINONEZ,

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Plaintiff,

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Case Number: CV09-04272 SBA
CERTIFICATE OF SERVICE
v.
HARRINGTON et al,
Defendant.

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For the Northern District of California

United States District Court

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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 December 13, 2011, 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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Raymond-Carlos Quinonez E-15587
Kern Valley State Prison
P.O. Box 5102
Delano, CA 93216-5102

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Dated: December 13, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\HC.09\Quinonez4272.DenyAtty2.wpd

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