Opinion
Case No. 11-CV-02458-LHK
06-14-2016
DELANEY GERAL MARKS, Petitioner, v. RON DAVIS, Warden, California State Prison at San Quentin, Respondent.
ORDER RE PRO SE FILINGS Re: Dkt. Nos. 66, 67
In 1994, Petitioner Delaney Geral Marks ("Petitioner") was convicted of two counts of first degree murder with personal use of a firearm, and two counts of attempted premeditated murder and infliction of great bodily injury, and sentenced to death. On December 14, 2011, Petitioner filed a petition for a writ of habeas corpus before this Court.
Petitioner, who is represented by counsel, recently filed two pro se pleadings: an Amended Petition and a letter to the Court. For the following reasons, the claims within Petitioner's pro se pleadings are DENIED WITHOUT PREJUDICE.
As a capital prisoner, Petitioner has a statutory right to counsel in these proceedings. 18 U.S.C. § 3599(a)(2). That includes the right "for that counsel meaningfully to research and present [his] habeas claims." MacFarland v. Scott, 512 U.S. 849, 858 (1994). Petitioner does not, however, have a right to dictate tactics in the pursuit of his habeas petition. United States v. Mayo, 646 F.2d 369, 375 (9th Cir. 1981). Nor does he have a "a constitutional right to compel appointed counsel to press nonfrivolous points requested by [him], if counsel, as a matter of professional judgment, decided not to present those points." Jones v. Barnes, 463 U.S. 745, 751 (1983).
The Court is confident that Petitioner is represented by highly qualified counsel. Petitioner has not alleged a genuine conflict of interest with his counsel, who are vigorously pursuing his claims. Accordingly, any substantive pleadings should be filed through Petitioner's court-appointed counsel. All of the claims raised within Petitioner's pro se pleadings are therefore DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated: June 14, 2016
/s/_________
LUCY H. KOH
United States District Judge