Johnson v. Kernan

Filing 6

ORDER denying 2 Motion to Appoint Counsel, granting 5 Motion to Proceed in forma pauperis signed by Judge Lawrence J. O'Neill on 2/14/06. (Lundstrom, T)

(HC) Johnson v. Kernan

Doc. 6

Case 1:06-cv-00131-OWW-LJO 1 2 3 4 5 6 7 8 9 10 11 12 ADRIAN JOHNSON, 13 Petitioner, 14 v. 15 SCOTT KERNAN, Warden, 16 Respondent. 17 18

Document 6

Filed 02/15/2006

Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) 1:06-CV-0131 OWW LJO HC ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL [Doc. #2] ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS [Doc. #5]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. 20 On February 6, 2006, Petitioner filed a motion for appointment of counsel. There currently 21 exists no absolute right to appointment of counsel in habeas proceedings. See e.g., Anderson v. 22 23 24 appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), 25 Rules Governing Section 2254 Cases. In the present case, the Court does not find that the interests 26 of justice would be served by the appointment of counsel at the present time. Accordingly, 27 Petitioner's request for appointment of counsel is DENIED without prejudice. 28
U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia cd

Heinze, 258 F.2d 479, 481 (9th Cir.), cert. denied, 358 U.S. 889 (1958); Mitchell v. Wyrick, 727 F.2d 773 (8th Cir.), cert. denied, 469 U.S. 823 (1984). However, Title 18 U.S.C. § 3006A authorizes the

1
Dockets.Justia.com

Case 1:06-cv-00131-OWW-LJO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia cd

Document 6

Filed 02/15/2006

Page 2 of 2

On February 13, 2006, Petitioner filed an application to proceed in forma pauperis and a certified copy of his prison trust account. Examination of these documents reveals that Petitioner is unable to afford the costs of this action. Accordingly, the motion to proceed in forma pauperis is GRANTED. See 28 U.S.C. § 1915. ORDER Accordingly, IT IS HEREBY ORDERED: 1. 2. Petitioner's motion for appointment of counsel is DENIED without prejudice; and Petitioner's motion to proceed in forma pauperis is GRANTED.

IT IS SO ORDERED. Dated: 23ehd0 February 14, 2006 /s/ Lawrence J. O'Neill UNITED STATES MAGISTRATE JUDGE

2