Fouse v. Hornbeak

Filing 32

ORDER Granting 28 Motion to Proceed In Forma Pauperis on Appeal and Directing Clerk to Serve the Court of Appeals; ORDER Disregarding as Moot Petitioner's 29 Motion for Certificate of Appealability; ORDER Disregarding Petitioner's 30 Motion for Appointment of Counsel, signed by Magistrate Judge Dennis L. Beck on 4/04/2011. (Gonzalez, R)

(HC) Fouse v. Hornbeak

Doc. 32

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DARLENE RENEE FOUSE, 10 11 v. Petitioner, ) ) ) ) ) ) ) ) ) ) 1:09-CV-01382 LJO JMD HC ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL and DIRECTING CLERK TO SERVE THE COURT OF APPEALS (Doc. 28) ORDER DISREGARDING AS MOOT PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY (Doc. 29) ORDER DISREGARDING PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL (Doc. 30)

UNITED STATES DISTRICT COURT

12 TINA HORNBEAK, 13 14 15 16 17 18 Respondent.

Petitioner Darlene Fouse is a state prisoner proceeding pro se in a habeas corpus action 19 pursuant to 28 U.S.C. § 2254. 20 On June 14, 2011, judgment was entered denying the petition for writ of habeas corpus. On 21 March 24, 2011, Petitioner filed a notice of appeal, a motion to proceed in forma pauperis, a motion 22 for a certificate of appealability, and a motion for the appointment of counsel. 23 An examination of Petitioner's application to proceed in forma pauperis reveals that Petitioner 24 is unable to afford the costs of an appeal. Accordingly, the Court finds Petitioner's application to 25 proceed in forma pauper is appropriate. See 28 U.S.C. § 1915. 26 With regards to Petitioner's motion for certificate of appealability, the Court's Order of June 27 14, 2011, which adopted the Magistrate Judge's Findings and Recommendation, also declined to 28
U .S. D istrict C ourt E. D . C alifornia

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1 issue a certificate of appealability. See Doc. 24. Accordingly, Petitioner's motion for certificate of 2 appealability will be disregarded as moot. 3 As to Petitioner's motion for counsel, because Petitioner is seeking counsel to represent her

4 before the Ninth Circuit, the Court will disregard the motion as it is better suited for review by the 5 Ninth Circuit. If Petitioner wishes to pursue this motion, Petitioner is to re-file her motion with the 6 Court of Appeals for the Ninth Circuit. 7 8 9 10 11 2. 12 3. 13 14 IT IS SO ORDERED. 15 Dated: 16 3b142a 17 18 19 20 21 22 23 24 25 26 27 28
U .S. D istrict C ourt E. D . C alifornia

ORDER Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's Application to Proceed In Forma Pauperis is GRANTED and the Clerk is directed to serve a copy of this order on the Court of Appeals for the Ninth Circuit; Petitioner's motion for a Certificate of Appealability is DISREGARDED; and Petitioner's motion for appointment of counsel is DISREGARDED.

April 4, 2011

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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