Acosta v. Mrrck et al

Filing 43

Order. The Court directs Petitioner to submit a declaration no later than 12/13/2017 in connection with his request for reconsideration of the Order requiring him to proceed pro se. Signed on 11/17/2017 by Judge Anna J. Brown. (A copy of this Order was mailed to Petitioner at Two Rivers Correctional Facility on this date.) (slm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
THOMAS P. ACOSTA,
Case No. 2:16-cv-02031-BR
Petitioner,
ORDER

v.
BRIGITTE AMSBERRY,
Respondent.
BROWN, Judge.
Petitioner,

an

inmate

at

the

Two

Rivers

Correctional

Institution, brings this habeas corpus action pursuant to 28 U.s.c.
§

2254.

Currently before the Court is Petitioner's letter request

(ECF No. 41) for reconsideration of the Court's September 28, 2017,
Order granting Counsel for Petitioner's Motion to Withdraw and
requiring Petitioner to proceed pro se.
In his letter, Petitioner states that he cannot read or write
and that he will be unable to submit a brief in support of his
1 - ORDER -

habeas petition.

Petitioner further states that he informed the

Court of his illiteracy during a June 22, 2017, telephonic hearing
on a previous motion Petitioner filed seeking termination of his
counsel.
The Court notes that upon review of the transcript of the June
22, 2017, telephonic hearing, Petitioner did not make any statement
about his alleged illiteracy, but, at the outset of this case, the
Court received a pro se letter from Petitioner seeking appointment
of counsel in which Petitioner stated "I cannot read or write good
at all" (ECF No. 5).

The Court notes, nonetheless, that Petitioner

has submitted a total of seven pro se documents to the Court 1 , all
of which appear to be written in the same hand, all of which appear
to have been prepared by Petitioner himself,

and all of which

contain correct spelling, grammar, and a level of sophistication
which directly contradicts a claim of illiteracy.
Accordingly, Petitioner must submit to the Court a Declaration
under oath explaining to the Court whether he personally prepared
the pro se documents listed in this Order or, if not, identifying
specifically who did so or who assisted Petitioner in doing so.

The pro
se
documents
filed by
Petitioner
include:
Application to Proceed In Forma Pauperis (ECF No. l); Petition for
Writ of Habeas Corpus (ECF No. 2); Motion for Appointment of
Counsel (ECF No. 3); Letter Request for Attorney (ECF No. 5);
Supplement discussing Petitioner habeas claims (ECF No. 6); Pro Se
Motion to Terminate Counsel (ECF No. 21); and Pro Se Notice of
Appeal (ECF No. 37). In the Letter Request for Attorney (ECF No.
5), Petitioner included a joke.
1

2 - ORDER -

Petitioner's submission is due no later than December 13, 2017, and
upon receipt of Petitioner's submission, the Court will take UNDER
ADVISEMENT

Petitioner 1 s

letter

request

(ECF

No.

41)

reconsideration of the Order requiring him to proceed pro se.
IT IS SO ORDERED.
DATED this

/

7 ~day

of November, 2017.

ANNA~/}i~)
United States Senior District Judge

3 - ORDER -

for