Fannan v. The People of the State of California
Filing
4
ORDER signed by Magistrate Judge Allison Claire on 06/16/14 orderin 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. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. Petitioner's motion for appointment of counsel 3 is denied without prejudice. (Plummer, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JEREMIAH D. FANNON,
12
13
14
15
16
No. 2:14-cv-1416 AC P
Petitioner,
v.
ORDER
PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
17
18
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
19
corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis
20
affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner
21
will be provided the opportunity to either submit the appropriate affidavit in support of a request
22
to proceed in forma pauperis or submit the appropriate filing fee.
23
In addition, petitioner has requested the appointment of counsel. There currently exists no
24
absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d
25
453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at
26
any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing §
27
2254 Cases. In the present case, the court does not find that the interests of justice would be
28
served by the appointment of counsel at the present time.
1
1
In accordance with the above, IT IS HEREBY ORDERED that:
2
1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in
3
support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s
4
failure to comply with this order will result in a recommendation that this action be dismissed;
5
2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis
6
7
form used by this district; and
3. Petitioner’s motion for appointment of counsel (ECF No. 3) is denied without
8
prejudice.
9
DATED: June 16, 2014
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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?