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McCoy v. California Department of Corrections and Rehabilitation

United States District Court, Ninth Circuit, California, E.D. California
Mar 11, 2015
2:14-cv-2179-TLN-EFB P (E.D. Cal. Mar. 11, 2015)

Opinion


AARON D. McCOY, Petitioner, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Respondent. No. 2:14-cv-2179-TLN-EFB P United States District Court, E.D. California. March 11, 2015

          ORDER

          EDMUND F. BRENNAN, Magistrate Judge.

         Petitioner is a state prisoner without counsel seeking a writ of mandamus pursuant to 28 U.S.C. § 1651. He has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or submit the appropriate filing fee.

         Petitioner has requested that the court appoint counsel. There currently exists no absolute right to appointment of counsel in mandamus proceedings. The court may, however, appoint counsel at any stage of the proceedings "if the interests of justice so require." See 18 U.S.C. § 3006A. The court does not find that the interests of justice would be served by the appointment of counsel at this stage of the proceedings.

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

1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner's failure to comply with this order will result in a recommendation that this action be dismissed;

2. Petitioner's request for appointment of counsel (ECF No. 3) is denied; and

3. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.


Summaries of

McCoy v. California Department of Corrections and Rehabilitation

United States District Court, Ninth Circuit, California, E.D. California
Mar 11, 2015
2:14-cv-2179-TLN-EFB P (E.D. Cal. Mar. 11, 2015)
Case details for

McCoy v. California Department of Corrections and Rehabilitation

Case Details

Full title:AARON D. McCOY, Petitioner, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND…

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

Date published: Mar 11, 2015

Citations

2:14-cv-2179-TLN-EFB P (E.D. Cal. Mar. 11, 2015)