Vickers v. Adams et al

Filing 36

ORDER GRANTING 32 Motion to Proceed IFP on Appeal and Directing Clerk to Serve the Court of Appeals, signed by Magistrate Judge Gary S. Austin on 10/30/2009. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 LARRY VICKERS, JR., 11 12 vs. 13 DERRAL G. ADAMS, 14 Respondent. Petitioner, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1:08-cv-01961-LJO-GSA (HC) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL and DIRECTING CLERK TO SERVE THE COURT OF APPEALS (DOCUMENT #32)

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 September 28, 2009, judgment was entered dismissing the petition for writ of habeas

19 corpus. On October 26, 2009, petitioner filed a notice of appeal, a motion for certificate of 20 appealability and an application to proceed in forma pauperis. Examination of petitioner's 21 application to proceed in forma pauperis reveals that petitioner is unable to afford the costs of an 22 appeal. Accordingly, the application to proceed in forma pauperis on appeal is GRANTED. See 23 28 U.S.C. § 1915. The Clerk is directed to serve a copy of this order on the Court of 24 Appeals for the Ninth Circuit. 25 26 27 28 IT IS SO ORDERED. Dated: 23ehd0

October 30, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE