Heller v. Holland et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2015 DENYING without prejudice petitioner's 2 request to proceed IFP; petitioner shall submit, within 30 days, an affidavit in support of his request to proceed ifp or the appropriate filing fee; the Clerk shall send petitioner an ifp form; and petitioner's 3 motion for the appointment of counsel is DENIED without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEROY ALLEN HELLER,

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No. 2:15-cv-0587 KJN P

Petitioner,
v.

ORDER

K. HOLLAND, et al.,
Respondents.

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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. However, petitioner has failed to either file his request to

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proceed in forma pauperis on the form used for this district or else pay the required filing fee

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($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Therefore, petitioner will be provided the

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

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pauperis or submit the appropriate filing fee.

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In addition, petitioner has requested the appointment of counsel. There currently exists no

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absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d

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

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

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

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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’s March 16, 2015 request to proceed in forma pauperis (ECF No. 2) is

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denied without prejudice.
2. Petitioner shall submit, within thirty days from the date of this order, an affidavit in

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support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s

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failure to comply with this order will result in a recommendation that this action be dismissed.

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

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form used by this district.
4. Petitioner’s March 16, 2015 motion for appointment of counsel (ECF No. 3) is denied

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without prejudice to a renewal of the motion at a later stage of the proceedings.

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Dated: March 23, 2015

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/ hell0587.110+101a

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