Grant v. Grounds

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/21/2012 ORDERING that petitioner has 30 days in which to re-file his petition in a form that makes all of his claims and agrument clearly legible; the 8 motion to proceed IFP is GRANTED; petitioner's 10 , 11 requests for appointment of counsel and for an evidentiary hearing are DENIED without prejudice. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BOBBY R. GRANT, JR.,

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Petitioner,

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vs.
RANDY GROUNDS,

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Respondent.

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ORDER
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No. CIV S-11-1207 CKD P

Petitioner is a state prisoner proceeding pro se with an application for writ of
habeas corpus under 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.

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Examination of the in forma pauperis application reveals that petitioner is unable

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to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be

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granted. See 28 U.S.C. § 1915(a).

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Petitioner attacks a judgment of conviction rendered against him in Sacramento

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County Superior Court in 2008. However, several of the pages of the petition are photocopies of

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such poor quality that they are illegible, leaving the court unable to carry out its duty to screen the

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petition under 28 U.S.C. § 1915A. Therefore, the court will order plaintiff to re-submit his

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petition in a form that makes all of his claims and argument clearly legible. Petitioner is

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admonished that his failure to comply with this order may result in dismissal of his petition.

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Petitioner has requested the appointment of counsel. There currently exists no

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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d

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453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at

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any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing

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§ 2254 Cases. In the present case, the court does not find that the interests of justice would be

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served by the appointment of counsel at the present time.

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Finally, petitioner seeks an evidentiary hearing. Evidentiary hearings are

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appropriate in habeas cases under some circumstances, but the request for such a hearing at this

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stage is premature. The court will consider whether to hold an evidentiary hearing after the case

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has been fully briefed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner has thirty days from his receipt of this order in which to re-file his

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petition in a form that makes all of his claims and argument clearly legible.

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2. The motion to proceed in forma pauperis (Docket No. 8) is granted.

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3. Petitioner’s May 2, 2012 and May 3, 2012 requests for appointment of counsel

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and for an evidentiary hearing (Docket Nos. 10 and 11) are denied without prejudice to a renewal

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of the motion at a later stage of the proceedings.

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Dated: May 21, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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gran1207.110