Hatchett v. Gonzalez et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CECIL JEROME HATCHETT,
GONZALEZ, et al.,
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
with a “certification from the warden or other appropriate officer of the place of confinement
showing the amount of money or securities that the petitioner has in any account in the
institution” as required by Rule 3(a)(2) of the Federal Rules Governing Section 2254 Cases, or
paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Petitioner will be provided the
opportunity to submit either a completed application to proceed in forma pauperis, with the
required certification, or pay the appropriate filing fee. As to the certification requirement, while
a copy of petitioner’s prison trust account statement certified by prison officials is not required to
satisfy the requirement, such a statement will suffice. Petitioner is warned that failure to comply
with this order may result in the dismissal of this action for lack of prosecution and failure to
comply with court rules and orders. See Local Rule 110.
Petitioner also seeks the appointment of counsel. There currently exists no
absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d
453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at
any stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing
§ 2254 Cases. In the present case, the court does not find that the interests of justice would be
served by the appointment of counsel at the present time.
Accordingly, IT IS HEREBY ORDERED that:
Petitioner’s motion to proceed in forma pauperis (Doc. 6) is denied as
Petitioner shall submit on the form provided by the Clerk of the Court,
within 30 days from the date of this order, a complete application for leave to proceed in forma
pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and
The Clerk of the Court is directed to send petitioner a new form
Application to Proceed In Forma Pauperis By a Prisoner; and
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
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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