McCoy v. California Department of Corrections and Rehabilitation

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/11/15 ordering 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. Petitioner's motion for the appointment of counsel 3 is denied. The clerk of the court is directed to send to petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

AARON D. McCOY,

12

Petitioner,

13
14
15

No. 2:14-cv-2179-TLN-EFB P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,

16

Respondent.

17
Petitioner is a state prisoner without counsel seeking a writ of mandamus pursuant to 28

18
19

U.S.C. § 1651. He has not, however, filed an in forma pauperis affidavit or paid the required

20

filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity

21

to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or

22

submit the appropriate filing fee.
Petitioner has requested that the court appoint counsel. There currently exists no absolute

23
24

right to appointment of counsel in mandamus proceedings. The court may, however, appoint

25

counsel at any stage of the proceedings “if the interests of justice so require.” See 18 U.S.C.

26

§ 3006A. The court does not find that the interests of justice would be served by the

27

appointment of counsel at this stage of the proceedings.

28

/////

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;

4

petitioner’s failure to comply with this order will result in a recommendation that this

5

action be dismissed;

6

2. Petitioner’s request for appointment of counsel (ECF No. 3) is denied; and

7

3. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis

8
9

form used by this district.
Dated: March 11, 2015.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2