Baker v. Virga
Filing
6
ORDER signed by Magistrate Judge Kendall J. Newman on 5/25/11 ORDERING that Petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district; and 3 Motion to Appoint Counsel is DENIED without prejudice. (Dillon, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
TIMOTHY RAY BAKER,
Petitioner,
11
12
13
14
vs.
WARDEN TIM VIRGA,
Respondent.
ORDER
/
15
16
No. 2:11-cv-1317 KJN P
Petitioner, a state prisoner proceeding without counsel or pro se, has filed an
17
application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not,
18
however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28
19
U.S.C. §§ 1914(a); 1915(a). Therefore, petitioner will be provided the opportunity to either
20
submit the appropriate affidavit in support of a request to proceed in forma pauperis or submit
21
the appropriate filing fee.
22
In addition, petitioner has requested the appointment of counsel. There currently
23
exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner,
24
105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of
25
counsel at any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R.
26
Governing § 2254 Cases. In the present case, the court does not find that the interests of justice
1
1
would be served by the appointment of counsel at the present time.
2
In accordance with the above, IT IS HEREBY ORDERED that:
3
1. Petitioner shall submit, within thirty days from the date of this order, an
4
affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee;
5
petitioner's failure to comply with this order will result in the dismissal of this action;
2. The Clerk of the Court is directed to send petitioner a copy of the in forma
6
7
pauperis form used by this district; and
3. Petitioner’s May 16, 2011 motion for appointment of counsel is denied without
8
9
10
prejudice.
DATED: May 25, 2011
11
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
12
13
14
bake1317.101
15
16
17
18
19
20
21
22
23
24
25
26
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?