Peterson v. Hubbard

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/15 ORDERING that Petitioners March 26, 2015 request to proceed in forma pauperis 2 is DENIED without prejudice. Petitioner shall submit, within 30 days from the date of this order, an af fidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; petitioners failure to comply with this order will result in a recommendation that this action be dismissed. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district. Petitioners March 26, 2015 motion for appointment of counsel (ECF No. 3 ) is DENIED without prejudice to a renewal of the motion at a later stage of the proceedings.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RONALD KEMONI PETERSON,

12
13
14
15

No. 2:15-cv-0689 KJN P

Petitioner,
v.

ORDER

SUZAN L. HUBBARD,
Respondent.

16
17

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

18

corpus pursuant to 28 U.S.C. § 2254. However, petitioner has failed to either file his request to

19

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

20

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

21

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

22

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’s March 26, 2015 request to proceed in forma pauperis (ECF No. 2) is

3
4

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

5

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

6

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

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.
4. Petitioner’s March 26, 2015 motion for appointment of counsel (ECF No. 3) is denied

10

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

11

Dated: April 7, 2015

12
13
14
pete0689.110+101a

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2