Trujillo v. Grounds

Filing 6

ORDER by Judge Claudia Wilken GRANTING PETITIONER 2 AN EXTENSION OF TIME TO PAY THE FILING FEE OR FILE IN FORMA PAUPERIS APPLICATION; DENYING 3 APPOINTMENT OF COUNSEL; DIRECTING CLERK OF THE COURT TO SEND PETITIONER IN FORMA PAUPERIS APPLICATION FORM. (ndr, COURT STAFF) (Filed on 6/3/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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AMADO REYES TRUJILLO,

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Petitioner,

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No. C 11-01908 CW (PR)

v.
RANDY GROUNDS, Warden,
Respondent.

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ORDER GRANTING PETITIONER AN
EXTENSION OF TIME TO PAY THE
FILING FEE OR FILE IN FORMA
PAUPERIS APPLICATION; DENYING
APPOINTMENT OF COUNSEL;
DIRECTING CLERK OF THE COURT TO
SEND PETITIONER IN FORMA
PAUPERIS APPLICATION FORM

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Petitioner filed a pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254.

On that same date, the Clerk of the

Court sent Petitioner a notice directing him to pay the requisite
$5.00 filing fee or to file a completed in forma pauperis (IFP)
application.

The Court cannot conduct an initial review of this

matter until Petitioner either has paid the filing fee or completed
an IFP application.

See 28 U.S.C. § 1915(a) (a party is permitted

to file a civil action in federal court without prepayment of fees
or security if he makes affidavit that he is unable to pay such
fees or give security therefor).
Petitioner has filed a request for an extension of time to pay
the requisite $5.00 filing fee in this action.

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Accordingly, the Court grants Petitioner's request.

No later

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than thirty (30) days from the date of this Order, Petitioner shall

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pay the $5.00 filing fee and include with his payment a clear

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indication that it is for the above-referenced case number, C 11-

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01908 CW (PR).

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filing fee, he shall submit an IFP application, trust account

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statement and certificate of funds no later than thirty (30) days

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from the date of this Order.

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the requisite documents within the thirty-day deadline shall result

United States District Court
For the Northern District of California

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In the event that Petitioner is unable to pay the

Failure to pay the filing fee or file

in dismissal of this action.
Petitioner also has filed a motion for appointment of counsel.

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The Sixth Amendment right to counsel does not apply in habeas

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corpus actions.

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Cir. 1986).

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a district court to appoint counsel to represent a habeas

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petitioner whenever "the court determines that the interests of

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justice so require" and such person is financially unable to obtain

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representation.

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discretion of the district court.

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1191, 1196 (9th Cir. 1986); Knaubert, 791 F.2d at 728; Bashor v.

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Risley, 730 F.2d 1228, 1234 (9th Cir. 1984).

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appointment of counsel the exception rather than the rule by

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limiting it to: (1) capital cases; (2) cases that turn on

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substantial and complex procedural, legal or mixed legal and

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factual questions; (3) cases involving uneducated or mentally or

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physically impaired petitioners; (4) cases likely to require the

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assistance of experts either in framing or in trying the claims;

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(5) cases in which petitioner is in no position to investigate

See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th

Title 18 U.S.C. § 3006A(a)(2)(B), however, authorizes

The decision to appoint counsel is within the
See Chaney v. Lewis, 801 F.2d

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The courts have made

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crucial facts; and (6) factually complex cases.

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Liebman & R. Hertz, Federal Habeas Corpus Practice and Procedure

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§ 12.3b at 383-86 (2d ed. 1994).

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when the circumstances of a particular case indicate that appointed

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counsel is necessary to prevent due process violations.

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Chaney, 801 F.2d at 1196; Eskridge v. Rhay, 345 F.2d 778, 782 (9th

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Cir. 1965).

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See generally 1 J.

Appointment is mandatory only

See

At this early stage of the proceedings the Court is unable to
determine whether the appointment of counsel is mandated for

United States District Court
For the Northern District of California

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Petitioner.

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claims adequately in the petition, and no evidentiary hearing

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appears necessary.

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require appointment of counsel at this time, and Petitioner's

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request is DENIED.

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may reconsider on its own motion and appoint counsel if the Court

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finds an evidentiary hearing is necessary following consideration

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of the merits of Petitioner's claims.

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The Court notes that Petitioner has presented his

Accordingly, the interests of justice do not

This denial is without prejudice.

The Court

The Clerk of the Court shall send Petitioner a blank prisoner
IFP application form along with his copy of this Order.

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This Order terminates Docket nos. 2 and 3.

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IT IS SO ORDERED.

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Dated:

6/3/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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AMADO REYES TRUJILLO,
Case Number: CV11-01908 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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RANDY GROUNDS et al,
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Defendant.
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United States District Court
For the Northern District of California

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 3, 2011, I SERVED a true and correct copy(ies) of the attached and a blank
prisoner IFP application, by placing said copy(ies) in a postage paid envelope addressed to the
person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said
copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

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Amado Reyes Trujillo V01212
Correctional Training Facility
P.O. Box 705
Soledad, CA 93960-0705
Dated: June 3, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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