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Jayme Ryan Powell v. Jim Mckinney

March 18, 2013

JAYME RYAN POWELL, PLAINTIFF,
v.
JIM MCKINNEY DEFENDANTS.



The opinion of the court was delivered by: Donald E. O'Brien, Senior Judge United States District Court Northern District of Iowa

ORDER

Mr. Powell is currently incarcerated at the Fort Dodge Correctional Facility pursuant to a conviction for first and second degree robbery. Docket #1, Powell v. State, 820 N.W.2d 159 (Iowa Ct. App. 2012).

I. IN FORMA PAUPERIS

On February 13, 2013, Mr. Powell filed a pro se petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus. Docket # 1. On February 14, 2013, this Court entered an order stating that Mr. Powell needed to pay a five dollar filing fee or apply to proceed in forma pauperis before his case could proceed.*fn1 On February 21, 2013, this Court was informed by the Clerk of Court that Mr. Powell had previously paid the five dollar filing fee, although it had not been noted in the Court file. On March 4, 2013, Mr. Powell filed an application to proceed in forma pauperis. Docket #4. Accordingly, the Court amends its previous order in the following manner:

1. Mr. Powell has paid the appropriate fee. No further fee is required.

2. Mr. Powell's application to proceed in forma pauperis is denied as moot.

3. The Clerk of Court is ordered to send a copy of the Petitioner's 28 U.S.C. § 2254 petition by certified mail to the respondent and the Iowa Attorney General in accordance with Rule 4, Rules Governing Section 2254 Cases.

II. COURT APPOINTED COUNSEL

On March 4, 2013, Mr. Powell filed an application for court appointed counsel. Docket #3. 28 U.S.C.A. § 2254(h) states:

Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel for an applicant who is or becomes financially unable to afford counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.*fn2

The Court has considered the record in this case and determined that the appointment of counsel is appropriate. Appointed counsel shall file an amended petition in twenty (20) days from the date of this Order, or file an application for additional time to file amended complaint prior to the expiration of the filing deadline.

III. CONCLUSION

For the reasons set out above, the Clerk shall file Mr. Powell's Petition and send a copy to the Iowa Attorney General. Mr. Powell's Motion to proceed in forma pauperis is denied as moot.*fn3 Mr. Powell's Motion to Appoint Counsel is granted, and appointed counsel shall file an amended complaint as directed in this Order.

NOTICE OF LAWSUIT and REQUEST FOR WAIVER OF SERVICE OF SUMMONS TO THE NAMED DEFENDANT(S) IN THE ...


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