Magee v. Clark

Filing 20

ORDER GRANTING Petitioner's 15 Motion to Proceed In Forma Pauperis on Appeal; ORDER DIRECTING the Clerk to Serve This Order on the Court of Appeals for the Ninth Circuit signed by Magistrate Judge Sheila K. Oberto on 9/24/2010. (Bradley, A)

(HC) Magee v. Clark

Doc. 20

1 2 3 4 5 6 7 8 9 10 RUCHELL CINQUE MAGEE, 11 Petitioner, 12 13 14 15 16 17 Petitioner is a state prisoner who proceeded with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 petition was dismissed, and judgment was entered on September 2, 20 2010. 21 On September 20, 2010, Petitioner filed a notice of appeal. 22 Subsequently Petitioner filed an application to proceed in forma 23 pauperis, which the Court understands to refer to the appellate 24 proceeding. 25 A party who was permitted to proceed in forma pauperis in 26 the district court may proceed in forma pauperis on appeal 27 without further authorization unless the district court certifies 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

v. K. CLARK, Respondent.

) ) ) ) ) ) ) ) ) ) ) )

1:10-cv--00830-AWI-SKO-HC ORDER GRANTING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (DOC. 15) ORDER DIRECTING THE CLERK TO SERVE THIS ORDER ON THE COURT OF APPEALS FOR THE NINTH CIRCUIT

The

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that the appeal is not taken in good faith. See Fed. R. App. P. 24(a)(3). In this case, Petitioner paid the filing fee and did Thus, Petitioner is

not proceed in this Court in forma pauperis.

not automatically entitled to proceed in forma pauperis on appeal. Pursuant to Rule 24(a)(1) of the Federal Rules of Appellate Procedure, Petitioner's motion for to proceed in forma pauperis is GRANTED. The Clerk of the Court is DIRECTED to serve a copy of this order on the Court of Appeals for the Ninth Circuit.

IT IS SO ORDERED. Dated: ie14hj September 24, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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