Leonard v. Davis

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 4/20/17 granting 2 Motion to Proceed IFP. Mr. Leonard's application for appointment of counsel 1 is granted. The matter is referred to the Selection Board for the Eastern District of California for recommendation of counsel. (Plummer, M)

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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]

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC ROYCE LEONARD,
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Petitioner,
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v.
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RON DAVIS, Warden of California
State Prison at San Quentin,
Respondent.

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No. 2:17-cv-00796 JAM AC
DEATH PENALTY CASE
[Proposed] Order

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On April 17, 2017, Petitioner Eric Royce Leonard, a state prisoner facing capital

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punishment, filed a request for appointment of counsel and to proceed in forma pauperis in the

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Eastern District of California pursuant to 28 U.S.C. § 2254.

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

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

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

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

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asserting that he is indigent and has only minimal assets. Based on Petitioner’s submissions, he

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has complied with the requirements of 28 U.S.C. § 1915 and Rule 3(a) of the Rules Governing §

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[Proposed] Order

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2254 Cases in the United States District Courts. Petitioner is entitled to proceed in forma

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pauperis.

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Section 3599(a)(2) of Title 18 of the United States Code provides for the appointment of

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one or more attorneys to represent an indigent person proceeding under 28 U.S.C. § 2254 to

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vacate a death sentence. Rule 191(c) of the Local Rules of the United States District Court for

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the Eastern District of California also provides for the appointment of counsel for indigent

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capital habeas petitioners. Under this rule, selection of counsel is made from a panel of attorneys

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qualified for appointment in death penalty cases and certified by a selection board appointed by

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the Chief Judge. Based on petitioner’s submissions, he is entitled to appointment of counsel

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under 18 U.S.C. § 3599(a)(2).

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The Court finds good cause to grant Petitioner’s application for appointment of counsel

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and to proceed in forma pauperis.

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IT IS HEREBY ORDERED THAT:

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

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2. Mr. Leonard’s application for appointment of counsel is granted. The matter is

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referred to the Selection Board for the Eastern District of California for

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recommendation of counsel.

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IT IS SO ORDERED.

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Dated: April 20, 2017

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[Proposed] Order

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