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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 For the Northern District of California United States District Court 11 12 13 14 ORDER DENYING SECOND REQUEST FOR APPOINTMENT OF COUNSEL Petitioner, v. WARDEN HARRINGTON, Respondent. 9 10 No. C 09-4272 SBA (PR) RAYMOND-CARLOS QUINONEZ, / 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 15 the eye and struck and sustained a major orbital fracture." (Oct. 3, 2011 Letter at 1.) He claims that 16 his injuries have led to vision problems, which he has classified as a "physical condition that will 17 make it unlikely that for one [he'll] be able to do any research . . . or properly respond to the Court 18 within guidelines or effectively present [his] pro per case . . . ." (Id. at 2-3.) 19 The Court still finds that appointment of counsel is not warranted in this case. Even with his 20 vision problems, Petitioner has been able to write a letter to the Court, and his handwriting is 21 decipherable. Furthermore, Petitioner's claims are typical claims that arise in criminal appeals and 22 are not especially complex. All his pending claims were raised on appeal to the state courts during 23 direct review, and he was represented by counsel at that time. Thus, the Court assumes Petitioner 24 has access to the briefs filed by his appellate counsel in the state courts. 25 This is not an exceptional case that would warrant representation on federal habeas review. 26 There also is no indication that an evidentiary hearing is required under 28 U.S.C. ยง 2254(e). 27 Petitioner's claims do not rely upon extra-record evidence and a factual basis exists in the record to 28 determine the claims. If during its review of the merits of the petition the Court determines that 1 further fact finding is required, the Court will decide whether to hold an evidentiary hearing or 2 whether the facts can be gathered by way of mechanisms short of an evidentiary hearing, such as 3 supplementation of the record with sworn declarations from the pertinent witnesses. See Downs v. 4 Hoyt, 232 F.3d 1031, 1041 (9th Cir. 2000). 5 Accordingly, Petitioner's second motion for appointment of counsel is DENIED. This denial 6 is without prejudice to reconsideration should the Court on its own motion find an evidentiary 7 hearing necessary following consideration of the merits of Petitioner's claims. 8 9 IT IS SO ORDERED. Dated: 12/12/11 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.09\Quinonez4272.DenyAtty2.wpd 2 1 2 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 RAYMOND-CARLOS QUINONEZ, 5 Plaintiff, 6 7 8 Case Number: CV09-04272 SBA CERTIFICATE OF SERVICE v. HARRINGTON et al, Defendant. / 9 11 For the Northern District of California United States District Court 10 12 13 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. 14 15 17 Raymond-Carlos Quinonez E-15587 Kern Valley State Prison P.O. Box 5102 Delano, CA 93216-5102 18 Dated: December 13, 2011 16 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.09\Quinonez4272.DenyAtty2.wpd 3

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