Miller v. Iowa

Full title: JACQUE LOUIS MILLER, Petitioner, v. STATE OF IOWA, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

Date published: Jan 30, 2015

No. C14-4123-MWB (N.D. Iowa Jan. 30, 2015)

Opinion

No. C14-4123-MWB

01-30-2015

JACQUE LOUIS MILLER, Petitioner, v. STATE OF IOWA, Respondent.

LEONARD T. STRAND UNITED STATES MAGISTRATE JUDGE

ORDER

This matter is before the court on the petitioner's application for a writ of habeas corpus (Doc. No. 1), application for appointment of counsel (Doc. No. 2) and application to proceed in forma pauperis (Doc. No. 3). The petitioner filed those applications on December 22, 2014. The petitioner did not pay the required filing fee. See 28 U.S.C. § 1914.

Based on the plaintiff's statements, the court concludes that the plaintiff does not have sufficient funds to pay the required filing fee. 28 U.S.C. § 1914(a) (requiring $5.00 filing fee). Thus, the plaintiff's application to proceed in forma pauperis is granted. See generally 28 U.S.C. § 1915. Further, the court believes that the petitioner will benefit from the assistance of counsel. Accordingly, the petitioner's application for appointment of counsel is granted. The clerk's office is directed to appoint an attorney to represent the petitioner in this matter.

Currently confined at the Iowa State Penitentiary in Fort Madison, Iowa, the petitioner brings this action under 28 U.S.C. § 2254 to challenge the legality of his conviction and resulting confinement. See State v. Miller, No. 2-498/11-1064, 821 N.W.2d 287, 2012 Iowa App. LEXIS 586 (Iowa Ct. App. 2012); State v. Miller, No. FECR056346 (Woodbury Cnty. Dist. Ct. 2011); see also Miller v. State, No. 13-0998, 854 N.W.2d 73, 2014 Iowa App. LEXIS 690 (Iowa Ct. App. 2014); Miller v. State, No. PCCV152749 (Woodbury Cnty. Dist. Ct. 2013).² The clerk's office is directed to send a copy of the application for a writ of habeas corpus by certified mail to the respondent and the Iowa Attorney General in accordance with Rule 4, Rules Governing Section 2254 Cases. The respondent is directed to file an answer to the application for a writ of habeas corpus in accordance with Rule 5, Rules Governing Section 2254 Cases, by no later than March 13, 2015.

2 Iowa state court criminal and civil records may be accessed online at: http://www.iowacourts.gov/For_the_Public/Court_Services/Docket_Records_Search/in dex.asp. See Stutzka v. McCarville, 420 F.3d 757, 760 n.2 (8th Cir. 2005) (addressing court's ability to take judicial notice of public records).
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IT IS SO ORDERED.

DATED this 30th day of January, 2015.

/s/_________

LEONARD T. STRAND

UNITED STATES MAGISTRATE JUDGE