Zinser v. Department of Correction (DOC) et al

Filing 6

Magistrate Judge Jennifer C. Boal: ORDER entered denying without prejudice 4 Motion for Leave to Proceed in forma pauperis; denying without prejudice 2 Motion to Appoint Counsel (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
LAWRENCE ZINSER,

)
)
)
)
)
)
)
)
)
)
)

Petitioner,
v.
DEPARTMENT OF CORRECTION, et
al.,
Respondents.

CIVIL ACTION
NO. 13-13194-JCB

ORDER
January 3, 2014
BOAL, M.J.
1.

The motion for leave to proceed in forma pauperis (#4) is DENIED WITHOUT

PREJUDICE. Even taking into account the petitioner’s representation that most of the funds in
his institutional account are actually the property of his parents, he has sufficient assets to pay
the $5.00 filing fee. The petitioner is directed either to pay the $5.00 filing fee1 or show good
cause why he is unable to do so within twenty-one (21) days of the date of this order. Failure to
do so may result in dismissal of the action.
2.

The motion for appointment of counsel (#2) is DENIED WITHOUT

PREJUDICE. Under the Criminal Justice Act, 18 U.S.C. § 3006A, the court may appoint
counsel for a “financially eligible” habeas petitioner if “the interests of justice so require, ” 18
U.S.C. § 3006A(a)(2), including when the court decides to conduct an evidentiary hearing on the
petition, the interests of justice will require appointment of counsel, see Rule 8(c) of the Rules
Governing Section 2254 Cases. Here, the interests of justice do not require the appointment of

1

In his motion for leave to proceed in forma pauperis, the petitioner indicates that he does
not know to whom a check for the filing fee should be written. A check for payment of the filing
fee should be made payable to the “Clerk, U. S. District Court.” The name of the petitioner and
the case number should also be on the check.

CJA counsel at this early stage of the proceedings. The petitioner may renew his request after
the respondent has filed an answer or other response to the petition. If the petitioner renews the
motion, he may rely on the financial representations made in his motion for leave to proceed in
forma pauperis (#4).

SO ORDERED.
/s/ Jennifer C. Boal
Jennifer C. Boal
United States Magistrate Judge

2