Melendrez v. Gilbert
Filing
32
ORDER granting Petitioner's 28 Motion to Withdraw Attorney. The Court allows Petitioner to proceed pro se. Signed by Hon. Brian A Tsuchida. (TH) (cc: Petitioner via USPS)
1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
6
7
8
VINCENT PAUL MELENDREZ,
Petitioner,
9
10
11
v.
MARGARET GILBERT,
Respondent.
12
13
14
15
CASE NO. C17-984-RAJ-BAT
ORDER GRANTING MOTION TO
TERMINATE APPOINTMENT OF
COUNSEL AND ALLOWING
PETITIONER TO PROCEED PRO
SE
Petitioner in this federal habeas corpus action moves to terminate the appointment of
counsel and asks to proceed pro se. Dkt. 28. Petitioner’s motion is GRANTED.
By order dated July 11, 2016, the Court directed service of the petition and appointed the
16
Federal Public Defender as counsel for petitioner. Dkt. 7. Petitioner did not object to the
17
appointment at the time and elected to proceed. Petitioner now indicates he is dissatisfied with
18
appointed counsel’s representation. However, there is no right to appointed counsel in cases
19
brought under 28 U.S.C. § 2254 unless an evidentiary hearing is required or such appointment is
20
necessary for the effective utilization of discovery procedures. See McCleskey v. Zant, 499 U.S.
21
467, 495 (1991); United States v. Duarte-Higareda, 68 F.3d 369, 370 (9th Cir. 1995); United
22
States v. Angelone, 894 F.2d 1129, 1130 (9th Cir. 1990); Weygandt v. Look, 718 F.2d 952, 954
23
(9th Cir. 1983).
ORDER GRANTING MOTION TO
TERMINATE appointment of counsel and
allowing petitioner to proceed pro se - 1
1
Accordingly, as petitioner has no right to appointed counsel, the Court GRANTS
2
petitioner’s motion to terminate appointed counsel in this action and allows him to proceed pro
3
se. (Dkt. 28). To the extent petitioner’s motion seeks to have new counsel appointed that request
4
is denied.
5
6
DATED this 28th day of February, 2019.
7
A
8
BRIAN A. TSUCHIDA
United States Magistrate Judge
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
ORDER GRANTING MOTION TO
TERMINATE appointment of counsel and
allowing petitioner to proceed pro se - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?