Doolin v. Wong

Filing 6

ORDER signed by District Judge Lawrence J. O'Neill on 8/19/2009 temporarily staying execution; granting 2 Motion to Proceed IFP and referring case to the Selection Board for Reccomendation of Counsel. (Lundstrom, T)

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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 R e s p o n d e n t. vs. R O B E R T WONG, Acting Warden of S a n Quentin State Prison, K E IT H LON DOOLIN, P e t it i o n e r , ) ) ) ) ) ) ) ) ) ) ) C a se No. 1:09-CV-1453-AWI-P D E A T H PENALTY CASE O r d e r Temporarily Staying E x e c u tio n , Granting In Forma P a u p e r is Status, and Referring C a s e to the Selection Board for R e c o m m e n d a tio n of Counsel U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA O n August 17, 2009, Petitioner Keith Lon Doolin ("Doolin"), a state p r is o n e r facing capital punishment and proceeding pro se, filed applications for a p p o in t m e n t of counsel, for stay of execution, and to proceed in forma pauperis, in the Eastern District of California pursuant to 28 U.S.C. § 2254. R u le 3(a) of the Rules Governing § 2254 Cases provides that a petitioner s e e k in g in forma pauperis status shall file an affidavit of assets as required by 28 U .S .C . § 1915, as well as a certificate from the prison stating the amount on d e p o s it in the petitioner's account. Doolin has filed a supporting declaration w ith his request for in forma pauperis status, asserting he is indigent and has o n ly minimal assets, and a certificate from an officer of the prison of the amount o f money or securities Doolin has on deposit at the prison. E a c h document filed in this case shall be specially marked as follows to 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 fa c ilita te processing: 1 ) Directly below the case number in the caption of each document p r o v id e the following label: "DEATH PENALTY CASE" in capital le tte r s and underscored; 2 ) At the bottom of the first page of each document insert "DEATH P E N A L T Y " in capital letters. IT IS ORDERED that: 1. 2. D o o lin 's request to proceed in forma pauperis is granted; D o o lin 's application for appointment of counsel under 18 U.S.C. § 3359(a)(2) is granted and the matter is referred to the Federal D e fe n d e r and the Selection Board of the Eastern District of California fo r either notification that the Federal Defender, Capital Habeas U n it, is available for appointment or for the recommendation of o th e r counsel to represent Doolin in these proceedings; 3. D o o lin 's request for a stay of execution is temporarily granted and a ll court and other proceedings related to the execution of his s e n te n c e of death, including preparation for execution and the s e ttin g of an execution date, are stayed until ninty days after counsel is appointed pursuant to 28 U.S.C. § 2251(a)(3). IT IS SO ORDERED. D A TE D : August 19, 2009 /s/ Lawrence J. O'Neill United States District Judge O S ta y E x e c D ln 2

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