Harris v. Davis

Filing 6

ORDER GRANTING 1 Application for Appointment of Counsel; ORDER GRANTING 2 Application to Proceed Without Prepayment of Fees; ORDER DENYING Without Prejudice 1 Application for Stay of Execution, signed by District Judge Dale A. Drozd on 10/19/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIE LEO HARRIS,

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Petitioner,

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v.
RON DAVIS, Warden of California State
Prison at San Quentin,
Respondent.

Case No. 1:16-cv-01572-DAD
DEATH PENALTY CASE
ORDER GRANTING APPLICATION FOR
APPOINTMENT OF COUNSEL
(Doc. No. 1)
ORDER GRANTING APPLICATION TO
PROCEED WITHOUT PREPAYMENT OF
FEES
(Doc. No. 2)
ORDER DENYING WITHOUT PREJUDICE
APPLICATION FOR STAY OF EXECUTION
(Doc. No. 1)

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On October 18, 2016, petitioner Willie Leo Harris, a state prisoner facing capital

21 punishment, commenced this action pursuant to 28 U.S.C. § 2254 by filing an application for
22 appointment of counsel to represent him and for stay of execution (see Doc. No. 1). Petitioner
23 appends his declaration (see Doc. No. 1-1) supporting both this application and his separate
24 application to proceed in forma pauperis filed on his behalf by Jennifer Mann, Assistant Federal
25 Defender (see Doc. No. 2). Petitioner’s declaration includes a statement of his indigence.
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I. REQUEST FOR APPOINTMENT OF COUNSEL
Section 3599(a)(2) of Title 18 of the United States Code provides for the appointment of

28 one or more attorneys to represent an indigent person proceeding under 28 U.S.C. § 2254 to
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1 vacate a death sentence. Rule 191(c) of the Local Rules of the United States District Court for
2 the Eastern District of California also provides for the appointment of counsel for indigent
3 capital habeas petitioners. Under this rule, selection of counsel is made from a panel of attorneys
4 qualified for appointment in death penalty cases and certified by a selection board appointed by
5 the Chief Judge. Based on petitioner’s submissions, he is entitled to appointment of counsel
6 under 18 U.S.C. § 3599(a)(2).
II. STAY OF EXECUTION

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Section 2251(a)(3) of Title 28 of the United States Code provides for grant of stay of

9 execution once federal jurisdiction is invoked by a request for appointment of counsel pursuant
10 to Section 3359(a) of Title 18 of the United States Code. Rule 191(g)(1-2) of the Local Rules of
11 the United States District Court for the Eastern District of California also provides for stay of
12 execution pending appointment of counsel and final disposition. Based on the petitioner’s
13 submissions, an order granting a stay of execution is unnecessary at this time because no
14 execution date has been set.
III. APPLICATION TO PROCEED IN FORMA PAUPERIS

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Rule 3(a) of the Rules Governing § 2254 Cases in the United States District Courts

17 provides that a petitioner seeking in forma pauperis status shall file an affidavit of assets as
18 required by 28 U.S.C. § 1915. Rule 3(a) also requires a certificate from the prison stating the
19 amount on deposit in the petitioner’s accounts.

Based on petitioner’s submissions, he has

20 complied with the requirements of 28 U.S.C. § 1915 and Rule 3(a) of the Rules Governing §
21 2254 Cases in the United States District Courts. Petitioner is entitled to proceed in forma
22 pauperis.
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IV. ORDER
The court finds good cause to grant petitioner’s application for appointment of counsel

25 and to proceed in forma pauperis. No stay of execution order is necessary at this time and that
26 request will be denied without prejudice to its renewal should it become necessary.
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For the reasons set forth above:

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1.

Petitioner’s application for appointment of counsel is granted. The matter is

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referred to the Selection Board for the Eastern District of California for

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recommendation of suitable counsel;

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2.

Petitioner’s application to proceed in forma pauperis is granted; and

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3.

Petitioner’s application for stay of execution is denied without prejudice.

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IT IS SO ORDERED.
Dated:

October 19, 2016
UNITED STATES DISTRICT JUDGE

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