Stokely v. McGrath

Filing 47

ORDER DIRECTING petitioner to submit IFP application or to pay $255.00 appeal filing fee. Filing due by 3/1/2006. Signed by Judge Dennis L. Beck on 2/6/06. IFP application form sent to petitioner.(cc: USCA)(Keeler, P)

(HC) Stokely v. McGrath

Doc. 47

Case 1:03-cv-06144-DLB

Document 47

Filed 02/06/2006

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 JO E Mc GRAHT,, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 20, 2005, judgment was entered in favor of respondent and against petitioner. On O ctober 20, 2005, plaintiff filed a notice of appeal. On O ctober 28, 2005, the cou rt issued its order d e n y in g the motion for certificate of appealability, and on October 31, 2005, the certificate of record was transmitted to the Court of Appeals for the Ninth. O n December 8, 2005, petitioner filed his declaration in support of motion for leave to proceed in forma pauperis on appeal. A party who was permitted to proceed in forma pauperis in the district c o u r t may proceed in forma pauperis on appeal without further authorization unless the district court certifies that the appeal is not taken in good faith. See Fed. R. App. P. 24(a)(3). In this case, petitioner paid the filing fee and did not proceed in this Court in forma pauperis. Thus, petitioner is not v. ) ) ) Respon dent. ) __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _) R O G E R L. STOKELY, Petitioner, ) ) ) ) ) ) 1:03-CV-6144 DLB HC A pp ea l Number 05-17140 O R DE R REQUIRING PETITIONER TO S U B M IT COMPLETED APPLICATION TO P R O CE E D IN FORMA PAUPERIS ON A P PE A L OR PAY FILING FEE O R D E R DIRECTING CLERK TO SERVE C O P Y OF THIS ORDER ON COURT OF A P PE A L S U N I T E D STATES DISTRICT COURT E A S T E R N DIST R I C T OF CALIFORNIA

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Case 1:03-cv-06144-DLB

Document 47

Filed 02/06/2006

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au tomatica lly entitled to proceed in forma pauperis on appeal. Ru le 24(a)(1 ) of the Federal Rules of Appellate Procedure states that a party who desires to app eal in forma pauperis must file a motion in the district court and attach to that motion a completed app lication to proceed in forma pauperis, along with the issues the party intends to present on appeal. Petitioner's request, however, did not include the required original signature by an authorized officer of the institution of incarceration. Additionally, petitioner has not filed a certified copy of his prison trust accou nt statement for the six month period immediately preceding the filing of the petition. See 28 U.S.C . 1914(a); 1915 (a). The Court will provide petitioner with the opportunity to submit either the appropriate app lication and certified copy of Petitioner's prison trust account or the $255.00 filing fee. Accordingly, the Court ORDERS that: 1. T he Clerk of the Court is DIRECTED to send petitioner a copy of the application to

proceed in forma pauperis;

2.

Petitioner is DIRECT ED to submit either the completed application, accompanied by a

certified copy of Petitioner's prison trust account statement for the last six months, or the $255.00 filing fee, within twenty (20) days of the date of service of this order; and 3. T he Clerk of Court is DIRECT ED to serve a copy of this order on the Court of Appeals

for the Ninth Circuit. IT IS SO ORDERED. Dated: ah0l4d February 6, 2006

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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