Dunham v. Sisto

Full title: JOHN CLAYTON DUNHAM, Petitioner, v. D.K. SISTO, et al., Respondents

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

Date published: Feb 5, 2007

No. CIV S-07-0173 DFL DAD P (E.D. Cal. Feb. 5, 2007)

Opinion

No. CIV S-07-0173 DFL DAD P.

February 5, 2007

ORDER

DALE DROZD, Magistrate Judge

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 and a motion for appointment of counsel.

Examination of petitioner's 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).

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

Petitioner is informed that 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). Counsel may be appointed at any stage of the case "if the interests of justice so require." 18 U.S.C. § 3006A. See also Rule 8(c), Fed.R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice require appointment of counsel.

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

1. Petitioner's January 29, 2007 application to proceed in forma pauperis is granted;

2. Petitioner's January 29, 2007 motion for appointment of counsel is denied;

3. Respondents are directed to file a response to petitioner's habeas petition within thirty 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 the answer is served;

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 the motion is served, 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.