Pierre v. Medeiros

Filing 10

Judge Nathaniel M. Gorton: ORDER entered denying without prejudice 2 Motion to Appoint Counsel ; granting in part and denying without prejudice in part 3 Motion for Leave to Proceed in forma pauperis. (Copy of order mailed to petition on 9/28/2016.) (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CARLO PIERRE,
Petitioner,
v.
SEAN MEDEIROS, Superintendent,
Respondent.

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Civil Action No.
16-11843-NMG

ORDER
GORTON, J.
On September 9, 2016, state prisoner Carlo Pierre filed a
petition for a writ of habeas corpus under 28 U.S.C. § 2254 and
motions for leave to proceed in forma pauperis and for
appointment of counsel.

The petitioner paid the filing fee.

Accordingly:
1.

The motion for leave to proceed in forma pauperis is

GRANTED to the extent that the petitioner seeks indigent status
for the purpose of requesting the appointment of counsel.

The

motion is otherwise DENIED WITHOUT PREJUDICE to renewal should
the petitioner later seek waiver of a specific fee or cost.
2.

The motion for appointment of counsel is DENIED WITHOUT

PREJUDICE.

Under the Criminal Justice Act (“CJA”), 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, see
Rule 8(c) of the Rules Governing Section 2254 Cases.
Although the petitioner is financially eligible for the
appointment of CJA counsel, the interests of justice do not

require the appointment of counsel at this stage of the
proceedings.

The petitioner may renew his request for counsel

after the respondent has responded to the petition.
So ordered.
/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge
Dated: 9/27/16

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