Abel Moreno v. James Hartley

Filing 29

ORDER GRANTING 28 Motion to Proceed In Forma Pauperis on Appeal and Directing Clerk to Serve the Court of Appeals signed by Magistrate Judge Sandra M. Snyder on 12/21/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 ABEL MORENO, 11 12 vs. 13 JAMES HARTLEY, 14 Respondent. Petitioner, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1:09-cv-00689-LJO-SMS (HC) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL and DIRECTING CLERK TO SERVE THE COURT OF APPEALS (DOCUMENT #28)

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 October 26, 2009, judgment was entered denying the petition for writ of habeas

19 corpus. On November 13, 2009, petitioner filed a notice of appeal. On December 11, 2009, 20 petitioner filed a motion to proceed in forma pauperis. Examination of petitioner's motion to 21 proceed in forma pauperis reveals that petitioner is unable to afford the costs of an appeal. 22 Accordingly, the motion to proceed in forma pauperis on appeal is GRANTED. See 28 U.S.C. 23 § 1915. The Clerk is directed to serve a copy of this order on the Court of Appeals for the 24 Ninth Circuit. 25 26 IT IS SO ORDERED. 27 Dated: 23ehd0 28 December 21, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE