Clark v. Runnels et al

Filing 10

ORDER granting 8 Motion to Proceed in forma pauperis and2 Motion to Appoint Counsel signed by Judge Gregory G. Hollows on 2/3/06. FD is appointed to represent petitioner. Within 30 days of this order, parties shall file a joint scheduling statement. Clk shall serve a copy of this order on Jo Graves and David Porter. (Dotson, B)

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(HC) Clark v. Runnels et al Doc. 10 Case 2:05-cv-02606-MCE-GGH Document 10 Filed 02/03/2006 Page 1 of 3 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 vs. DAVID RUNNEL, et al., Respondents. / Petitioner is a state prisoner proceeding pro se and in forma pauperis with an application for writ of habeas corpus pursuant to 28 U.S.C. 2254. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. Accordingly, the request for leave to proceed in forma pauperis will be granted. See 28 U.S.C. 1915(a). Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondents will be served with the petition, but shall not file a response at the present time. In light of the length of petitioner's sentence, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KEVIN CLARK, Petitioner, No. CIV S-05-2606 MCE GGH P ORDER Case 2:05-cv-02606-MCE-GGH Document 10 Filed 02/03/2006 Page 2 of 3 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 1 Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's request to proceed in forma pauperis is granted; 2. Petitioner's December 23, 2005, motion for the appointment of counsel is granted; the Federal Defender is appointed to represent petitioner; 3. Within thirty days of this order, the parties shall file a joint scheduling statement which addresses the timing and order of the following matters: a. The number of days petitioner's counsel estimates it will take to file either: 1. A statement indicating petitioner will stand on the existing petition, and supplemental memorandum of points and authorities, if any; 2. An amended petition which will proceed on exhausted claims only; or 3. An amended petition which identifies both exhausted and unexhausted claims, demonstrates good cause for having failed to exhaust state court remedies as to any claims,1 and any intention to pursue unexhausted claims, after which the court may recommend that the proceedings be held in abeyance while petitioner exhausts any new claims in state court. b. Discovery and investigations; c. Anticipated motions; d. The need for and timing of an evidentiary hearing; e. Enumeration and resolution of unexhausted claims; and f. Possible future amendments to the pleadings. Counsel are reminded of the importance of timely filing a joint scheduling statement. Failure to do so may result in sanctions. Rhines v. Weber, ___ U.S. ___, 125 S. Ct. 1528 (2005). 2 Case 2:05-cv-02606-MCE-GGH Document 10 Filed 02/03/2006 Page 3 of 3 1 2 3 4 4. The Clerk of the Court shall serve a copy of this order on Jo Graves, Senior Assistant Attorney General, and David Porter, Assistant Federal Defender. DATED: 2/3/06 /s/ Gregory G. Hollows 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 ggh:kj cl2606.110 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

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