(HC) Afzal v. Kay ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MUHAMMAD TAHSEEN AFZAL, No. 2:20-cv-1614 AC P 12 Petitioner, 13 v. ORDER 14 WENDY KAY, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. 19 I. Filing Fee 20 Petitioner has not filed an in forma pauperis affidavit or paid the required filing fee 21 ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity to either 22 submit the appropriate affidavit in support of a request to proceed in forma pauperis or submit the 23 appropriate filing fee. 24 II. Appointment of Counsel 25 Petitioner has requested the appointment of counsel. There currently exists no absolute 26 right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 27 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage 28 of the case “if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. □□□ 2 OU UV ETON Sp PON VOFPOrey oF Oye eo Vie 1 | In the present case, the court does not find that the interests of justice would be served by the 2 || appointment of counsel at the present time. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in 5 || support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’ □ 6 | failure to comply with this order will result in a recommendation that this action be dismissed; 7 2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis 8 | form used by this district; and 9 3. Petitioner’s request for appointment of counsel (ECF No. 2) is denied without 10 || prejudice to a renewal of the motion at a later stage of the proceedings. 11 | DATED: August 17, 2020 ~ 12 Chthien—Chare ALLISON CLAIRE 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28