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26 ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

DANNI STEINER,

Petitioner,

v.

DOUG WADDINGTON,

Respondent.

Case No. C06-5143 FDB

ORDER DENYING MOTION TO

PROCEED IN FORMA PAUPERIS ON

APPEAL

Petitioner has filed a motion for assignment of counsel and leave to proceed in forma

pauperis on appeal of the above entitled petition for habeas corpus. The Prison Litigation Reform

Act of 1995 ("PLRA"), 28 U.S.C. § 1915, requires that prisoners who bring civil actions or appeals

from civil actions must "pay the full amount of a filing fee." 28 U.S.C. § 1915(b)(1). Prisoners who

are unable to pay the full amount of the filing fee at the time that their actions or appeals are filed are

generally required to pay part of the fee and then to pay the remainder of the fee in installments. 28

U.S.C. § 1915(b). A court may authorize a petitioner to prosecute an action in federal court without

prepayment of fees or security if the petitioner submits an affidavit showing he or she is unable to

pay such fees or give security therefor. 28 U.S.C. § 1915(a). The affidavit must include a statement

of all assets such prisoner possesses and that the person is unable to pay such fees or give security

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26 ORDER - 2

therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant's belief that

the person is entitled to redress. 28 U.S.C. § 1915(a)(1). A prisoner seeking to bring a civil action

or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor,

in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust

fund account statement (or institutional equivalent) for the prisoner for the 6-month period

immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate

official of each prison at which the prisoner is or was confined. 28 U.S.C. § 1915(a)(2).

Petitioner Steiner has not filed an affidavit showing he is unable to pay the filing fees, nor

submitted a certified copy of any trust fund account for the six months proceeding the filing of the

notice of appeal. Petitioner’s motion to proceed in forma pauperis on appeal is denied. 

Petitioner has requested the appointment of 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). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case

“if the interests of justice so require.” See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present

case, the court does not find that the interests of justice would be served by the appointment of

counsel at the present time.

ACCORDINGLY,

IT IS HEREBY ORDERED:

1. Plaintiffs' application to proceed in forma pauperis [Dkt #18] is DENIED.

2. Plaintiff' motion for appointment of counsel on appeal [Dkt. #18] is DENIED. 

DATED this 24th day of October, 2006 AFRANKLIN D. BURGESS

UNITED STATES DISTRICT JUDGE

Case 3:06-cv-05143-FDB Document 27 Filed 10/24/06 Page 2 of 2