Vasquez v. Muniz

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/12/2016 DENYING 1 Motion to Appoint Counsel; GRANTING the petitioner thirty days to file a Petition for Writ of Habeas Corpus and to submit an application to proceed in forma pauperis or the filing fee in the amount of $5.00; CAUTIONING the petitioner that a failure to comply with this order will result in a recommendation that this matter be dismissed; DIRECTING the Clerk of Court to send the petitioner the court's form for filing a petition for writ of habeas corpus, and the application to proceed in forma pauperis by a prisoner. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ENRIQUE VASQUEZ,

12

Petitioner,

13
14

No. 2:16-cv-0042 CKD P

v.

ORDER

WILLIAM L. MUNIZ,

15

Respondent.

16
17

Petitioner, a state prisoner at Salinas Valley State Prison, has filed a motion asking that the

18

court appoint counsel to assist petitioner with an action for writ of habeas corpus under 28 U.S.C.

19

§ 2254. In order to properly commence a § 2254 action, petitioner must file a petition for writ of

20

habeas corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and petitioner

21

must either pay the required filing fee or file an application requesting leave to proceed in forma

22

pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not consider appointing counsel

23

until these steps have been taken. Accordingly, petitioner’s motion will be denied without

24

prejudice.

25

In accordance with the above, IT IS HEREBY ORDERED that:

26

1. Petitioner’s motion for appointment of counsel (ECF No. 1) is denied without

27

prejudice;

28

////
1

1

2. Petitioner is granted thirty days from the date of service of this order to file a petition

2

that complies with the requirements of the Rules Governing Section 2254 Cases, the Federal

3

Rules of Civil Procedure, and the Local Rules of Practice. The petition must bear the docket

4

number assigned this case. Petitioner shall also submit, within thirty days from the date of this

5

order, the application to proceed in forma pauperis on the form provided by the Clerk of Court, or

6

the filing fee in the amount of $5.00. Petitioner’s failure to comply with this order will result in a

7

recommendation that this matter be dismissed; and

8

3. The Clerk of the Court is directed to send petitioner the court’s form for filing a

9

petition for writ of habeas corpus, and the application to proceed in forma pauperis by a prisoner.

10

Dated: January 12, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15

1/mp
vasq0042.nopetition

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