Magee v. Clark

Filing 54

ORDER denying 51 Motion to Stay; denying 52 Motion demanding records be forwarded to Supreme Court and granting 53 Motion to Proceed IFP on Appeal signed by Judge Oliver W. Wanger on 9/9/2010. (Lundstrom, T)

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(HC) Magee v. Clark Doc. 54 1 2 3 4 5 6 7 8 9 10 RUCHELL CINQUE MAGEE, 11 12 13 14 15 16 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. 2254. 20 On August 20, 2010, the undersigned issued an order granting Respondent's motion to 21 dismiss and dismissing the petition for writ of habeas corpus. Petitioner filed a notice of appeal and 22 the appeal was processed to the Ninth Circuit Court of Appeals on September 1, 2010. On that same 23 date, Petitioner filed multiple motions including a motion for stay of the proceedings, a motion to 24 demand records be forwarded to the Supreme Court, and a motion to proceed in forma pauperis on 25 appeal. 26 Petitioner's motion for stay of the proceedings will be denied. There are no proceedings to 27 be stayed since this case is now closed. Petitioner must make his request for relief to the Ninth 28 U . S . D is t r ic t C o u r t E. D . C a lifo r n ia UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) ) v. ) ) ) ) ) K. CLARK, et al., ) ) Respondents. ) ____________________________________) 1:09-CV-01663 OWW GSA HC ORDER DENYING STAY [Doc. #51] ORDER DENYING DEMAND FOR RECORDS TO BE FORWARDED TO SUPREME COURT [Doc. #52] ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL [Doc. #53] 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U . S . D is t r ic t C o u r t E. D . C a lifo r n ia Circuit or the Supreme Court. Petitioner's motion to demand records be forwarded to the Supreme Court will also be denied. If the Supreme Court desires the court records of the instant proceedings, the Supreme Court will demand that those records be produced and the Court will then forward those records. Petitioner's motion to proceed in forma pauperis on appeal will be granted. Examination of Petitioner's motion reveals that Petitioner is unable to afford the costs of the appeal. See Rule 24(a)(1), Federal Rules of Appellate Procedure, and 28 U.S.C. 1915. Accordingly, IT IS HEREBY ORDERED: 1) Petitioner's motion for stay is DENIED: 2) Petitioner's motion to demand forwarding of documents is DENIED; and 3) Petitioner's motion to proceed in forma pauperis on appeal is GRANTED. IT IS SO ORDERED. Dated: September 9, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 2

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