Jones v. Hedgepeth

Filing 35

ORDER Granting Petitioner's Motion to Proceed in Forma Pauperis on Appeal 34 ; ORDER Directing the Clerk to Serve this Order on the Clerk of the Court of Appeals for the Ninth Circuit, signed by Magistrate Judge Sheila K. Oberto on 12/12/12. (Verduzco, M)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
10

DANIEL LAQUINN JONES,

11

Petitioner,

12
v.
13
RICK HILL, Warden,
14
Respondent.
15

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

1:10-cv—02398–LJO-SKO-HC
ORDER GRANTING PETITIONER’S
MOTION TO PROCEED IN FORMA
PAUPERIS ON APPEAL (DOC. 34)
ORDER DIRECTING THE CLERK TO
SERVE THIS ORDER ON THE CLERK OF
THE COURT OF APPEALS FOR THE
NINTH CIRCUIT

16
17

Petitioner is a state prisoner who proceeded pro se with a

18

petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

19

The matter has been referred to the Magistrate Judge pursuant to

20

28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.

21

On November 15, 2012, the Petitioner’s petition for writ of

22

habeas corpus filed pursuant to 28 U.S.C. § 2254 was denied, and

23

the Court declined to issue a certificate of appealability.

24
25
26

Petitioner filed a notice of appeal on December 10, 2012,
along with a motion to proceed in forma pauperis.
A party who was permitted to proceed in forma pauperis in

27

the district court may proceed in forma pauperis on appeal

28

without further authorization unless the district court certifies
1

1

that the appeal is not taken in good faith. See Fed. R. App. P.

2

24(a)(3).

3

not proceed in this Court in forma pauperis.

4

not automatically entitled to proceed in forma pauperis on

5

appeal.

In this case, Petitioner paid the filing fee and did
Thus, Petitioner is

6

However, Petitioner has submitted an application to proceed

7

in forma pauperis in which Petitioner shows that he is unable to

8

pay the fees associated with the appeal or give security

9

therefor.

Because Petitioner makes the showing required by 28

10

U.S.C. § 1915(a)(1) and Fed. R. App. P. 24(a)(1), the Court will

11

grant Petitioner’s motion to proceed in forma pauperis in his

12

appeal.

13

Accordingly, it is ORDERED that:

14

1. Petitioner’s motion to proceed in forma pauperis on

15

appeal is GRANTED; and

16
17

2. The Clerk of Court is DIRECTED to serve a copy of this
order on the Court of Appeals for the Ninth Circuit.

18
19

IT IS SO ORDERED.

20

Dated:
ie14hj

December 12, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
2