Hammons v. Williams et al

Filing 65

ORDER that 61 Motion to Appoint Counsel is DENIED. FURTHER ORDERED that 63 Motion for Leave to File Excess Pages is DENIED wihtout prejudice; and 64 Motion to Extend Time to Answer/Respond re 31 Amended Petition for Writ of Habeas Corpus is GRANTED. Respondents must file their answer by December 9, 2016. Signed by Judge Jennifer A. Dorsey on 11/15/16. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4

Benny Hammons,

5

Petitioner

2:14-cv-01902-JAD-GWF
6
7

Order Denying Sixth Motion for
Appointment of Counsel, Denying
Motion for Leave to File Excess Pages,
and Granting Motion to Extend Time

v.
Brian Williams, et al.,

8

Respondents

[ECF Nos. 61, 63, 64]

9
This is pro se § 2254 petitioner Benny Hammons’s sixth motion for appointment of counsel.1

10
11

As I have noted several times in this case, there is no constitutional right to appointed counsel in

12

federal habeas corpus proceedings.2 The decision to appoint counsel lies within the sound discretion

13

of the trial court,3 and appointment of counsel is only required if the case is so complex that denial of

14

counsel would amount to a denial of due process or if the petitioner’s education is so limited that he

15

is incapable of fairly presenting his claims.4 Hammons’s amended petition sufficiently presents the

16

issues that he wishes to raise, the legal issues do not appear to be particularly complex, and

17

Hammons offers no new argument to persuade me that appointment of counsel has become

18

necessary. I therefore deny his motion.

19

Respondents have filed a motion for a 30-day extension of time to respond to Hammons’s

20

petition and a motion for leave to file excess pages. Good cause appearing, I grant respondent’s

21

request for a 30-day extension to file their answer. But I deny respondents’ motion for leave to file

22

excess pages. Respondents explain that they are not yet sure if they will need extra pages, and they

23
24

1

25

2

26

ECF No. 43.

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

27

3

Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986), cert. denied, 481 U.S. 1023 (1987).

28

4

See Chaney, 801 F.2d at 1196.
Page 1 of 2

1

do not identify the number of excess pages requested. Because respondents have not even

2

determined whether they will need extra pages, let alone how many pages, I decline to grant their

3

motion for an undisclosed number of excess pages.5

4

Conclusion

5
6

Accordingly, IT IS HEREBY ORDERED that Hammons’s sixth motion for appointment of
counsel [ECF No. 61] is DENIED.

7

IT IS FURTHER ORDERED that respondents’ motion for leave to file excess pages [ECF

8

No. 63] is DENIED without prejudice and motion to extend time [ECF No. 64] is GRANTED.

9

Respondents must file their answer by December 9, 2016.

10

Dated this 15th day of November, 2016.
6.

11

_________________________________
_____________________
_ __________ _
Jennifer A. Dorsey
ennifer A. Dor y
ni
i
orsey
United States District Judge
nited States District Judg
ed ta
d
rict u
i

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5

See L.R. 7-3 (Requiring a motion to exceed page limits to be accompanied by a declaration stating
in detail the reasons for, and number of, additional pages requested).
Page 2 of 2