Wright v. McKinney Per Order at [4] Respondent has 30 days from date amended petition filed to file answer. Clerk to set briefing schedule when answer filed.

Filing 3

ORDER granting 2 MOTION to Appoint Counsel filed by Jerel Lamar Wright. Appointed counsel is given 30 days from the date of this Order to file an amended petition, if appointed counsel considers an amended petition necessary. After appointed coun sel files an amended petition (or after thirty days from the date of this Order), the Clerk of Court shall enter the appropriate briefing schedule. Signed by Senior Judge Donald E OBrien on 4/2/15. (copy w/nef mailed to Plaintiff; CJA Panel Administrator notified) (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CENTRAL DIVISION

JEREL LAMAR WRIGHT,
Plaintiff,

No. 15-CV-3103-DEO

vs.

ORDER

JAMES McKINNEY
Defendants.
____________________
On March 24, 2015, Mr. Jerel Wright filed a pro se
Petition for habeas relief.

Docket No. 1.

Mr. Wright is

currently serving a term of incarceration for attempted murder
and voluntary manslaughter.

Wright v. State, 846 N.W.2d 529

(Iowa Ct. App. 2014)
I.

28 U.S.C. SECTION 2254
Presently

before

the

Court

is

Mr.

Wright’s

pro

se

petition pursuant to 28 U.S.C. Section 2254.

Mr. Wright

previously filed a Section 2254 on May 23, 2013.

See 13-CV-

3026-LRR.

However, that case was not decided on the merits.

Rather, Judge Reade dismissed the case without prejudice for
failure to pay the proper filing fee.

See 28 U.S.C. §

1914(a), requiring $350.00 filing fee for civil actions,
except that on application for a writ of habeas corpus, the

filing fee is $5.00.
successive
2244(b)(1).1

petition

Accordingly, this is not a second
for

the

purposes

of

28

U.S.C.

§

In this case, Mr. Wright paid the $5.00 fee.

Accordingly, his case will be allowed to proceed.
II.

COURT APPOINTED COUNSEL
On March 24, 2015, Mr. Wright also filed an application

for court appointed counsel.

Docket No. 2.

28 U.S.C. §

2254(h) states:
Except as provided in section 408 of the
Controlled
Substances
Act,
in
all
proceedings brought under this section, and
any subsequent proceedings on review, the
court may appoint counsel for an applicant
who is or becomes financially unable to
afford counsel, except as provided by a
rule promulgated by the Supreme Court
pursuant
to
statutory
authority.
Appointment of counsel under this section
shall be governed by section 3006A of title
18.2

1

28 U.S.C. § 2244(b)(1) states that, “[a] claim
presented in a second or successive habeas corpus application
under section 2254 that was presented in a prior application
shall be dismissed.”
2

18 U.S.C.A. § 3006A(a)(2) states “[w]henever the United
States magistrate judge or the court determines that the
interests of justice so require, representation may be
provided for any financially eligible person who...is seeking
relief under section 2241, 2254, or 2255 of title 28.”
2

The Court has considered the record in this case and
determined that the appointment of counsel is appropriate.
III.

CONCLUSION
For the reasons set out above, Mr. Wright’s Motion to

Appoint Counsel (Docket No. 2) is GRANTED.
The CJA Panel Administer shall appoint counsel in this
case.

Appointed counsel shall consult with Mr. Wright and

review the pro se filing.

Appointed counsel is given thirty

(30) days from the date of this Order to file an amended
petition, if appointed counsel considers an amended petition
necessary.

After appointed counsel files an amended petition

(or after thirty days from the date of this Order), the Clerk
of Court shall enter the appropriate briefing schedule.
IT IS SO ORDERED this 2nd day of April, 2015.

__________________________________
Donald E. O’Brien, Senior Judge
United States District Court
Northern District of Iowa

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