Davis v. Peery
Filing
6
ORDER signed by Magistrate Judge Craig M. Kellison on 9/14/2016 ORDERING petitioner to submit, within 30 days, a complete application to proceed ifp with certification, or pay the appropriate filing fee. Petitioner's 4 motion for appointment of counsel is DENIED without prejudice. The Clerk shall send petitioner a new ifp form. (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
MARCUS JAMAL DAVIS,
12
13
14
15
16
17
18
19
No. 2:16-CV-1895-CMK-P
Petitioner,
vs.
ORDER
SUZANNE M. PEERY,
Respondent.
/
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 seeks the appointment of counsel. There currently exists no absolute
5
right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453,
6
460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any
7
stage of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254
8
Cases. In the present case, the court does not find that the interests of justice would be served by
9
the appointment of counsel at the present time.
10
Accordingly, IT IS HEREBY ORDERED that:
11
1.
Petitioner shall submit on the form provided by the Clerk of the Court,
12
within 30 days from the date of this order, a complete application for leave to proceed in forma
13
pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee;
14
15
16
17
2.
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; and
3.
The Clerk of the Court is directed to send petitioner a new form
Application to Proceed In Forma Pauperis By a Prisoner.
18
19
20
21
DATED: September 14, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?