Bunyard v. Davis

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 08/24/15 granting 2 Motion to Proceed IFP. Mr. Bunyard's application for appointment of counsel 1 is granted. Counsel will be appointed following notice from the Eastern District Selectio n Board either that the Federal Defender, Capital Habeas Unit, or that other qualified counsel available for appointment has been identified. There being no scheduled execution date pending, Mr. Bunyard's request for a stay of execution is deni ed without prejudice to renewal should any proceedings related to the execution of his sentence of death, including preparation for execution and the setting of an execution date, be instituted in state court during the pendency of the instant proceedings. (Plummer, M)

1
2
3
4
5

HEATHER E. WILLIAMS, Bar #122664
Federal Defender
JENNIFER MANN, Bar #215737
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]

6

IN THE UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
JERRY BUNYARD,
9
Petitioner,
10
v.
11
12
13

RON DAVIS, Warden of California
State Prison at San Quentin,
Respondent.

)
)
)
)
)
)
)
)
)
)
)
)

No. 2:15-cv-1790 WBS AC
DEATH PENALTY CASE
[Proposed] Order

14
15

On August 24, 2015, Petitioner Jerry Bunyard, a state prisoner facing capital punishment,

16

filed a request for appointment of counsel, for stay of execution, and to proceed in forma

17

pauperis, in the Eastern District of California pursuant to 28 U.S.C. § 2254.

18

Rule 3(a) of the Rules Governing § 2254 Cases provides that a petitioner seeking in

19

forma pauperis status shall file an affidavit of assets as required by 28 U.S.C. § 1915, as well as

20

a certification from the prison stating the amount on deposit in the petitioner’s account. Mr.

21

Bunyard has filed a supporting declaration with his request for in forma pauperis status, asserting

22

that he is indigent and has only minimal assets, as well as a certificate of funds on deposit from

23

the prison.

24
25

[Proposed] Order

1

1

IT IS HEREBY ORDERED THAT:

2

1. Mr. Bunyard’s request to proceed in forma pauperis is granted;

3

2. Mr. Bunyard’s application for appointment of counsel is granted. Counsel will be

4

appointed following notice from the Eastern District Selection Board either that the

5

Federal Defender, Capital Habeas Unit, or that other qualified counsel available for

6

appointment has been identified;

7

3. There being no scheduled execution date pending, Mr. Bunyard’s request for a stay of

8

execution is denied without prejudice to renewal should any proceedings related to

9

the execution of his sentence of death, including preparation for execution and the

10

setting of an execution date, be instituted in state court during the pendency of the

11

instant proceedings.

12
13

IT IS SO ORDERED.
Dated: August 24, 2015

14
15
16
17
18
19
20
21
22
23
24
25

[Proposed] Order

2