Timothy Jerry Ferris v. Woodford

Filing 48

ORDER DENYING Petitioner's 43 Motion for Certificate of Appealability; ORDER DENYING Petitioner's 46 , 47 Motion to Proceed In Forma Pauperis as Moot signed by District Judge Lawrence J. O'Neill on 8/26/2009. (Sant Agata, S)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 v. 12 JEANNE WOODFORD, 13 Respondent. 14 15 Petitioner is a State prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 The Magistrate Judge issued Findings an Recommendation on October 15, 2008, 18 recommending that the petition for writ of habeas corpus be DENIED with prejudice. On January 19 30, 2009, the Court, after conducing a de novo review of the petition for writ of habeas corpus 20 pursuant to the provisions of 28 U.S.C. § 636(b)(1)(C), adopted the Magistrate Judge's Findings and 21 Recommendation in full. (Court Doc. 35). In that order, the Court declined to issue a Certificate of 22 Appealability. 23 On June 15, 2009, Petitioner filed a notice of appeal of the Court's January 30, 2009 order. 24 (Doc. 41). 25 On July 20, 2009, Petitioner filed a motion to reinstate his application for a Certificate of 26 Appealability and to proceed in forma pauperis. (Doc. 43). Petitioner filed another motion the same 27 day to proceed in forma pauperis. (Doc. 44). 28
U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia

UNITED STATES DISTRICT COURT

TIMOTHY JERRY FERRIS, Petitioner,

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1:06-CV-0839 LJO JMD HC ORDER DENYING PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY [Doc. 43] ORDER DENYING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS AS MOOT [Docs. 46 and 47]

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U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia

On July 23, 2009, the Court granted Petitioner's motion to proceed in forma pauperis on appeal. (Doc. 45). On August 24, 2009, Petitioner filed two additional motions to proceed in forma pauperis. As the Court has already granted Petitioner's prior motion to proceed in forma pauperis, the Court DENIES the August 24, 2009, motions as moot. Similarly, Petitioner's July 20, 2009, motion for a Certificate of Appealability does not raise any new arguments that would cause the Court to reverse its prior order, in January 30, 2009, declining to issue a Certificate of Appealability. Accordingly, IT IS HEREBY ORDERED that: 1. 2. Petitioner's motion to proceed in forma pauperis is DENIED as moot. Petitioner's motion for a Certificate of Appealability is DENIED.

IT IS SO ORDERED. Dated: b9ed48 August 26, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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