Montes v. Benov

Filing 14

ORDER GRANTING 10 Motion to Proceed IFP on Appeal; DIRECTING Clerk to Serve Copy on Court of Appeals, signed by Magistrate Judge Gary S. Austin on 7/28/2011. (Marrujo, C)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE 6 EASTERN DISTRICT OF CALIFORNIA 7 8 GUSTAVO SANCHEZ MONTES, 9 1:11-cv-00963-LJO-GSA-(HC) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL 10 Petitioner, 11 vs. DIRECTING CLERK TO SERVE COPY ON COURT OF APPEALS 12 MICHAEL L. BENOV, (DOCUMENT #10) 13 Respondent. ________________________________/ 14 Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus 15 pursuant to 28 U.S.C. § 2241. 16 On July 7, 2011, judgment was entered dismissing the petition for writ of habeas corpus. 17 On July 15, 2011, petitioner filed a notice of appeal and an application to proceed in forma 18 pauperis. Examination of petitioner’s application to proceed in forma pauperis reveals that 19 petitioner is unable to afford the costs of an appeal. Accordingly, the application to proceed in 20 forma pauperis on appeal is GRANTED. See 28 U.S.C. § 1915. 21 The Clerk is directed to serve a copy of this order on the Court of Appeals for the Ninth 22 Circuit. 23 IT IS SO ORDERED. 24 25 Dated: 23ehd0 July 28, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 28 -1-

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