Myers v. Baker et al

Filing 26

ORDER denying 8 Motion for District Judge to Reconsider Order. Signed by Judge Miranda M. Du on 3/16/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSHUA CARY MYERS,

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Case No. 3:14-cv-00082-MMD-VPC
Petitioner,

ORDER

v.
RENEE BAKER, et al.,
Respondents.

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This is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §

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2254, by a Nevada state prisoner. On July 24, 2014, this Court entered an order

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denying petitioner’s motion for the appointment of counsel and requiring the State to file

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a response to the petition. (Dkt. no. 6.) Petitioner has filed a motion for reconsideration

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of the Court’s order denying his motion for the appointment of counsel. (Dkt. no. 8.)

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Respondents have filed an opposition to petitioner’s motion for reconsideration. (Dkt.

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no. 9.) Petitioner has filed a reply. (Dkt. no. 12.)

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In challenging an interlocutory order, a district court may rescind, reconsider, or

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amend a previous order pursuant to its inherent power to modify interlocutory orders

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before the entry of final judgment. City of Los Angeles, Harbor Div. v. Santa Monica

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Baykeeper, 254 F.3d 882, 886-87 (9th Cir. 1987). Pursuant to 18 U.S.C. § 3006(a)(2)(B),

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the district court has discretion to appoint counsel when it determines that the “interests

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of justice” require representation. There is no constitutional right to appointed counsel

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for a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555

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(1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint

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

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1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th

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Cir.), cert. denied, 469 U.S. 838 (1984). As the Court found in its order denying the

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appointment of counsel, the petition on file in this action is well-written and sufficiently

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clear in presenting the issues that petitioner wishes to bring, and the issues in this case

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are not complex. In his motion for reconsideration, petitioner asserts that his

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“vocabulary of legal terms is extremely limited” and that he has problems with spelling

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and punctuation. (Dkt. no. 8, at p. 1.) These factors do not justify the appointment of

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counsel. Moreover, the Court notes that petitioner has successfully filed a reply to

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respondents’ opposition of the motion for reconsideration (dkt. no. 12). Petitioner has

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also filed a detailed response to the pending motion to dismiss (dkt. no. 23) as well as a

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sur-reply (dkt. no. 25). Nothing in petitioner’s motion for reconsideration causes this

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Court to alter its decision denying the appointment of counsel.

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It is therefore ordered that petitioner’s motion for reconsideration (dkt. no. 8) of
the Court’s order denying the appointment of counsel is denied.

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DATED THIS 16th day of March 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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