Lopez v. Campell

Filing 59

ORDER Granting Motion To Proceed In Forma Pauperis On Appeal and Directing Clerk To Serve The Court Of Appeals (Document # 57 ), signed by Magistrate Judge Gary S. Austin on 12/16/2009. (Scrivner, E)

1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1:05-cv-00481-LJO-BAK-GSA (HC) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL and DIRECTING CLERK TO SERVE THE COURT OF APPEALS (DOCUMENT #57) Respondent. 15 ________________________________/ 16 Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. 18 On November 6, 2008, judgment was entered denying the petition for writ of habeas 19 corpus. On March 26, 2009, petitioner filed a notice of appeal. On December 8, 2009, petitioner 20 filed a motion for certificate of appealability and an application to proceed in forma pauperis. 21 Examination of petitioner's application to proceed in forma pauperis reveals that petitioner is 22 unable to afford the costs of an appeal. Accordingly, the application to proceed in forma 23 pauperis on appeal is GRANTED. See 28 U.S.C. § 1915. The Clerk is directed to serve a 24 copy of this order on the Court of Appeals for the Ninth Circuit. 25 26 27 IT IS SO ORDERED. 28 Dated: 6i0kij

10 DANIEL SAPIEN LOPEZ, SR., 11 Petitioner, 12 vs. 13 ROSEANNE CAMPBELL, et al., 14

December 16, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE