IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 16, 2013
DEWEY JOE DUFF, PETITIONER,
WARDEN, SAN QUENTIN STATE PRISON, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
DEATH PENALTY CASE
Petitioner, a condemned inmate proceeding without counsel or "pro se," initiated this action by filing a document entitled "Writ of Habeas Corpus" on May 9, 2012. This court previously recommended dismissal of the petition for petitioner's failure to pay his filing fee or perfect his in forma pauperis application. (Dkt. No. 13.) However, Local Rule 191(e) provides that no filing fee is required in a capital habeas proceeding so that recommendation was in error.
Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:
1. The October 31, 2012 Findings and Recommendations (Dkt. No. 13) are withdrawn.
2. This action is referred to the Selection Board pursuant to Local Rule 191(c) for recommendation of counsel to represent petitioner.*fn1 The Selection Board is advised that this court's first request of appointed counsel will be a determination of whether or not this action should be withdrawn based on the pendency of proceedings in the California Supreme Court.
duff atty ref.or