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Schrey v. Dickerson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 9, 2010

PAUL PETER SCHREY, PETITIONER,
v.
K. DICKERSON, ET AL., RESPONDENTS.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. A petitioner seeking a writ of habeas corpus either must pay the $5.00 filing fee, see 28 U.S.C. § 1914(a), or request leave of court to proceed in forma pauperis, 28 U.S.C. § 1915(a). Petitioner has neither paid the fee nor submitted an application for leave to proceed in forma pauperis.

Petitioner has requested that the court appoint 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). The court may appointment counsel at any stage of the proceedings "if the interests of justice so require." See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing Section 2254 Cases. The court does not find that the interests of justice would be served by the appointment of counsel at this stage of the proceedings.

Additionally, while petitioner filed a petition for writ of habeas corpus on September 1, 2010, he requests five additional form Petitions for a Writ of Habeas Corpus. The court will direct the Clerk of the court to send petitioner one form, in the event petitioner intends to file an amended petition.

Accordingly, it hereby is ORDERED that: 1. Within 30 days from the day this order is served, petitioner may submit either the filing fee or the application required by section 1915(a). The Clerk of the Court is directed to mail to petitioner a form application for leave to proceed in forma pauperis. Petitioner's failure to comply with this order will result in dismissal of this action.

2. Petitioner's August 24, and September 1 and 3, 2010, requests for appointment of counsel (Docket Nos. 1, 4, 8) are denied without prejudice.

3. Petitioner's August 24, 2010 and September 1, 2010 requests for a form Petition for a Writ of Habeas Corpus (Docket Nos. 2, 5) are granted in that the Clerk of the Court is directed to mail to petitioner the form Petition for a Writ of Habeas Corpus used in this court.

20100909

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