Hatchett v. Gonzalez et al

Filing 11

ORDER signed by Magistrate Judge Craig M. Kellison on 3/30/2017 DENYING petitioner's 6 motion to proceed ifp as incomplete; petitioner shall submit, within 30 days, a complete application to proceed IFP, or pay the appropriate filing fee; the Clerk shall send petitioner a new ifp form; and petitioner's 4 motion for appointment of counsel is DENIED without prejudice. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CECIL JEROME HATCHETT,

12
13
14
15
16
17
18
19

No. 2:16-cv-0412-CMK-P

Petitioner,
vs.

ORDER

GONZALEZ, et al.,
Respondents.
/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner has not filed a complete application to proceed in forma pauperis, along

20

with a “certification from the warden or other appropriate officer of the place of confinement

21

showing the amount of money or securities that the petitioner has in any account in the

22

institution” as required by Rule 3(a)(2) of the Federal Rules Governing Section 2254 Cases, or

23

paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Petitioner will be provided the

24

opportunity to submit either a completed application to proceed in forma pauperis, with the

25

required certification, or pay the appropriate filing fee. As to the certification requirement, while

26

a copy of petitioner’s prison trust account statement certified by prison officials is not required to
1

1

satisfy the requirement, such a statement will suffice. Petitioner is warned that failure to comply

2

with this order may result in the dismissal of this action for lack of prosecution and failure to

3

comply with court rules and orders. See Local Rule 110.

4

Petitioner also seeks the appointment of counsel. There currently exists no

5

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

6

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

7

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

8

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

9

served by the appointment of counsel at the present time.

10

Accordingly, IT IS HEREBY ORDERED that:

11

1.

Petitioner’s motion to proceed in forma pauperis (Doc. 6) is denied as

2.

Petitioner shall submit on the form provided by the Clerk of the Court,

12
13

incomplete;

14

within 30 days from the date of this order, a complete application for leave to proceed in forma

15

pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and

16
17
18
19
20

3.

The Clerk of the Court is directed to send petitioner a new form

Application to Proceed In Forma Pauperis By a Prisoner; and
4.

Petitioner’s motion for appointment of counsel (Doc. 4) is denied without

prejudice to renewal, at the earliest, after a response to the petition has been filed.
DATED: March 30, 2017

21
22

______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
2