Mills v. Davis

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 11/06/17 GRANTING 2 Motion to Proceed IFP. Petitioner's application for appointment of counsel 1 is granted. This case is referred to the Eastern District Selection Board for a recommenda tion of qualified counsel. There being no scheduled execution date pending, petitioners request for a stay of execution 1 is denied without prejudice to renewal should any proceedings related to the execution of his sentence of death, including pr eparation for execution and the setting of an execution date, be instituted in state court during the pendency of the instant proceedings. The Clerk of the Court is directed to serve a copy of this order on the Office of the Federal Defender, Eastern District Selection Board, 801 I St., Sacramento, CA 95814. (cc: Federal Defender, Habeas Appointment). (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY JON MILLS,

12
13
14
15

Petitioner,
v.

No. 2:17-cv-2195 WBS DB
DEATH PENALTY CASE
ORDER

RONALD DAVIS,
Respondent.

16
17

On October 20, 2017, petitioner Jeffrey Jon Mills, a state prisoner facing capital punishment,

18

filed a request for appointment of counsel, for stay of execution, and to proceed in forma

19

pauperis, pursuant to 28 U.S.C. § 2254. Rule 3(a) of the Rules Governing § 2254 Cases provides

20

that a petitioner seeking in forma pauperis status shall file an affidavit of assets as required by 28

21

U.S.C. § 1915, as well as a certification from the prison stating the amount on deposit in the

22

petitioner’s account. Petitioner has filed a supporting declaration with his request for in forma

23

pauperis status, asserting that he is indigent and has only minimal assets, and the prison has

24

submitted a certified copy of petitioner’s trust account statement.

25

Good cause appearing, IT IS HEREBY ORDERED as follows:

26

1. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is granted.

27

2. Petitioner’s application for appointment of counsel (ECF No. 1) is granted. This case is

28

referred to the Eastern District Selection Board for a recommendation of qualified counsel.
1

1

3. There being no scheduled execution date pending, petitioner’s request for a stay of

2

execution (ECF No. 1) is denied without prejudice to renewal should any proceedings related to

3

the execution of his sentence of death, including preparation for execution and the setting of an

4

execution date, be instituted in state court during the pendency of the instant proceedings.

5

4. The Clerk of the Court is directed to serve a copy of this order on the Office of the Federal

6

Defender, Eastern District Selection Board, 801 I St., Sacramento, CA 95814.

7

Dated: November 6, 2017

8
9
10
11
12
13
14
15
16

DLB:9
DB/orders/capital/mills.appt csl

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