Dingle v. People of the State of California

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/24/15 ORDERING that within 30 days petitioner shall submit an affidavit in support of his IFP or the appropriate filing fee; Clerk to send petitioner of the proper IFP form; and the 3 Motion to Appoint Counsel is DENIED without prejudice. (Benson, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID WILLIAM DINGLE, 12 13 14 15 16 No. 2:15-cv-0845 CKD 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 to a renewal of the motion at a later stage of the proceedings. 9 Dated: April 24, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 1/mp ding0845.101a+110 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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