Murphy v. Unknown

Filing 13

ORDER signed by Magistrate Judge Craig M. Kellison on 12/1/2011 ORDERING that petitioner's 10 motion for the appointment of counsel is DENIED without prejudice; within 30 days, petitioner shall submit a completed ifp application or pay the filing fee; and the clerk is to send petitioner a new ifp form. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CARMEL MURPHY,

12
13
14
15

Petitioner,
vs.

ORDER

WALTER MILLER,
Respondent.

16
17
18
19

No. CIV S-11-1523-JAM-CMK-P

/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
In response to the court’s October 18, 2011, order directing petitioner to resolve

20

the fee status for this case, petitioner submitted a certified copy of her prison trust account

21

statement. Petitioner has not, however, submitted an accompanying application to proceed in

22

forma pauperis. A signed application must be on file before the court can consider whether to

23

grant in forma pauperis status. Petitioner will be provided an opportunity to submit a completed

24

application to proceed in forma pauperis. Petitioner will not be required to re-submit her prison

25

trust account statement. Petitioner is cautioned that failure to resolve fees may result in dismissal

26

of the petition. See Local Rule 110.
1

1

Petitioner has also filed a motion for appointment of counsel (Doc. 10). There

2

currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius

3

v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the

4

appointment of counsel at any stage of the case “if the interests of justice so require.” See Rule

5

8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the

6

interests of justice would be served by the appointment of counsel at the present time.

7

Accordingly, IT IS HEREBY ORDERED that:

8

1.

9
10
11
12
13

Petitioner’s motion for appointment of counsel (Doc. 10) is denied without

prejudice to renewal, at the earliest, after a response to the petition has been filed;
2.

Within 30 days of the date of this order, petitioner shall submit a

completed application to proceed in forma pauperis, or pay the filing fee; and
3.

The Clerk of the Court is directed to send petitioner a new form

Application to Proceed In Forma Pauperis By a Prisoner.

14
15
16
17

DATED: December 1, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
2