West v. Foster et al

Filing 14

ORDER that the Petitioner's motion to reconsider appointment of counsel 9 is DENIED. Signed by Judge James C. Mahan on 4/12/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MERRY WEST,

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Petitioner,

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vs.

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SHERYL FOSTER,

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Respondent.

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2:10-CV-02086-JCM-RJJ
ORDER

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This is a petition for writ of habeas corpus filed by petitioner Merry West, appearing pro

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se. Petitioner has also filed a motion for reconsideration of the court’s order denying her motion to

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appoint counsel (ECF No. 9). She has recently written a letter to the court regarding that motion (ECF

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No. 13). Letters to the court and other ex parte communications are permitted only in the case where

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a matter has been submitted for decision for longer than 60 days, which is not the case here. See Local

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Rules of Practice 7-6. Petitioner is discouraged from writing letters to the court or the clerk of the court,

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and such communications, except as allowed above, shall be stricken from the record.

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is no constitutional right to appointed counsel for a federal habeas corpus proceeding. Pennsylvania v.

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Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision

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to appoint counsel is generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986),

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cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469

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U.S. 838 (1984). However, counsel must be appointed if the complexities of the case are such that

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denial of counsel would amount to a denial of due process, and where the petitioner is a person of such

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limited education as to be incapable of fairly presenting his claims. See Chaney, 801 F.2d at 1196; see

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also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970).

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As previously noted, petitioner is incarcerated for a term of ten years to life on a

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conviction for larceny from a person over 60 with a habitual criminal adjudication. In her petition for

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writ of habeas corpus, petitioner raises five claims for relief. The petition presents a coherent document,

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which is well written. In her renewed motion for counsel, petitioner points out that she has serious

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health issues causing her to be hospitalized on occasion. She contends she is unable to effectively

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represent herself in this matter due to her lack of familiarity with the law. She acknowledges that she

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has been able to obtain the assistance of another inmate in preparing her petition. Petitioner has not

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demonstrated to the court that she would be denied due process if counsel is not appointed. The motion

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to reconsider appointment of counsel shall be denied.

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IT IS THEREFORE ORDERED that the motion to reconsider appointment of counsel
(ECF No. 9) is DENIED.
Dated this 12th day of April, 2011.

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__________________________________
UNITED STATES DISTRICT JUDGE

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