Stipe v. Schwartzenegger et al

Filing 5

ORDER signed by Judge John F. Moulds on 5/16/06 ORDERING that: resps are DIRECTED to file an answer w/in 45 days; ptnr's traverse, if any, is due 30 days from the date resps' answer is filed; the Clerk shall serve a copy of this order together with a copy of ptnr's application for Writ of HC on Jo Graves, Sr. Assistant AG; and ptnr's 3 Motion to appoint counsel is DENIED w/out prejudice. (cc: Jo Graves) (Brown, T)

Download PDF
(HC) Stipe v. Schwartzenegger et al Doc. 5 Case 2:06-cv-01006-GEB-EFB Document 5 Filed 05/17/2006 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 an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has paid the filing fee. Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's application. In addition, petitioner has requested 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 counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), 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. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JERRY D. STIPE, Petitioner, vs. CALIFORNIA STATE GOVERNOR SCHWARTZENEGGER, et al., ORDER No. CIV S-06-1006 GEB PAN P Case 2:06-cv-01006-GEB-EFB Document 5 Filed 05/17/2006 Page 2 of 2 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 /mp/004 In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondents are directed to file an answer within forty-five days from the date of this order. See Rule 4, Rules Governing Section 2254 Cases. Respondents shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application. Rule 5, Rules Governing Section 2254 Cases; 2. Petitioner's traverse, if any, is due on or before thirty days from the date respondents' answer is filed; 3. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for writ of habeas corpus on Jo Graves, Senior Assistant Attorney General; and 4. Petitioner's May 8, 2006 motion for appointment of counsel is denied without prejudice to a renewal of the motion at a later stage of the proceedings. DATED: May 16, 2006. stip1006.110+100feejfm 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?