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Collins v. Hedgpeth

United States District Court, E.D. California
May 22, 2008
No. CIV S-08-504 GEB KJM P (E.D. Cal. May. 22, 2008)

Opinion

No. CIV S-08-504 GEB KJM P.

May 22, 2008


ORDER


Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.

Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a).

Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed.R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time.

Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's habeas petition.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner's application to proceed in forma pauperis is granted;

2. Petitioner's requests for the appointment of counsel (docket nos. 3 4) are denied without prejudice;

3. Respondents are directed to file a response to petitioner's habeas petition within sixty days from the date of this order.See Rule 4, Fed.R. Governing § 2254 Cases. An answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petition. See Rule 5, Fed.R. Governing § 2254 Cases;

4. If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after service of the answer;

5. If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondents' reply, if any, shall be filed and served within fifteen days thereafter; and

6. The Clerk of the Court shall serve a copy of this order together with a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General.


Summaries of

Collins v. Hedgpeth

United States District Court, E.D. California
May 22, 2008
No. CIV S-08-504 GEB KJM P (E.D. Cal. May. 22, 2008)
Case details for

Collins v. Hedgpeth

Case Details

Full title:XAVIER A. COLLINS, Petitioner, v. A. HEDGPETH, Warden, Respondent

Court:United States District Court, E.D. California

Date published: May 22, 2008

Citations

No. CIV S-08-504 GEB KJM P (E.D. Cal. May. 22, 2008)