Jayne v. Director, CDC et al

Filing 5

ORDER signed by Judge Dale A. Drozd on 04/21/06 ORDERING that Petitioner's application to proceed IFP 2 is GRANTED. Respondents are directed to file a respose to petitioner's habeas petition within thirty days from the date of this order. The Clerk shall serve a copy of this order together with a copy of the petition for writ of habeas corpus on Jo Graves, Senior AG. Petitioner's 04/18/06 Motion for the appointment of counsel 3 is DENIED without prejudice. (Mena-Sanchez, L)

(HC) Jayne v. Director, CDC et al

Doc. 5

Case 2:06-cv-00823-DFL-DAD

Document 5

Filed 04/24/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Respondents. 15 16 17 18 19 20 21 22 23 24 25 26 / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's habeas petition. Petitioner has filed a motion for the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL AARON JAYNE, Petitioner, vs. DIRECTOR, California Dep't of Corr. and Rehab., et al., ORDER No. CIV S-06-0823 DFL DAD P

Case 2:06-cv-00823-DFL-DAD

Document 5

Filed 04/24/2006

Page 2 of 2

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counsel at any stage of the case "if the interests of justice so require." See Rule 8©, Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's application to proceed in forma pauperis is granted; 2. Respondents are directed to file a response to petitioner's habeas petition within thirty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petition. See Rule 5, Fed. R. Governing § 2254 Cases; 3. If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after service of the answer; 4. If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondents' reply, if any, shall be filed and served within fifteen days thereafter; and 5. The Clerk of the Court shall serve a copy of this order together with a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Jo Graves, Senior Assistant Attorney General. 6. Petitioner's April 18, 2006 motion for the appointment of counsel is denied without prejudice. DATED: April 21, 2006.

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