Thompson v. Grounds

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 1/10/14 ORDERING that Petitioner shall submit, within 30 days from the date of this order, a new application in support of his request to proceed in forma pauperis using the form provided by the c ourt; the certificate portion of the application must be completed by an authorized official; Petitioner's January 6, 2014 motion for the appointment of counsel 3 is DENIED without prejudice; The Clerk of the Court is directed to provide petitioner with the court's form application for requesting leave to proceed in forma pauperis by a state prisoner.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRERW B. THOMPSON, III,

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Petitioner,

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No. 2:14-cv-00032 DAD P

v.

ORDER

RANDY GROUNDS,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner has submitted an application requesting leave to

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proceed in forma pauperis; however, he has not submitted the form used by this district and there

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is no certificate which has been completed by an authorized official as to the funds in petitioner's

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inmate trust account. Petitioner will be provided an opportunity to submit a new application.

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Petitioner has also filed a motion for the appointment of counsel. There currently exists

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no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105

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

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

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

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

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner shall submit, within thirty days from the date of this order, a new application

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in support of his request to proceed in forma pauperis using the form provided by the court; the

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certificate portion of the application must be completed by an authorized official;

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2. Petitioner's January 6, 2014 motion for the appointment of counsel (ECF No. 3) is
denied without prejudice;
3. The Clerk of the Court is directed to provide petitioner with the court's form
application for requesting leave to proceed in forma pauperis by a state prisoner; and
4. Petitioner’s failure to comply with this order will result in a recommendation that this

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action be dismissed.

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Dated: January 10, 2014

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DAD:4
thom32.101.110

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