Rowan Brooks v. James Yates

Filing 41

ORDER GRANTING 33 Motion to Proceed IFP on Appeal and Directing Clerk to Serve the Court of Appeals, signed by Magistrate Judge Jennifer L. Thurston on 05/07/2013.(Electronic copy of this order sent to USCA) (Martin-Gill, S)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT FOR THE

9

EASTERN DISTRICT OF CALIFORNIA

10 ROWAN BROOKS,

1:11-cv-1315 JLT (HC)

11

ORDER GRANTING MOTION TO PROCEED
IN FORMA PAUPERIS ON APPEAL
and DIRECTING CLERK TO SERVE
THE COURT OF APPEALS

Petitioner,

12 vs.
13 JAMES YATES,

(Doc. 33)
14

Respondent.

15 ________________________________/
16

Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus

17 pursuant to 28 U.S.C. § 2254.
18

On November 22, 2011, judgment was entered dismissing the petition for writ of habeas

19 corpus. On June 13, 2012, Petitioner filed a motion for relief from judgment that was denied by
20 the Court on October 5, 2012. (Docs. 12 & 31). On October 22, 2012, petitioner filed a notice
21 of appeal, and an application to proceed in forma pauperis. (Doc. 33). Examination of
22 petitioner’s application to proceed in forma pauperis reveals that petitioner is unable to afford the
23 costs of an appeal. Accordingly, the application to proceed in forma pauperis on appeal is
24 GRANTED. See 28 U.S.C. § 1915. The Clerk is directed to serve a copy of this order on the
25 Court of Appeals for the Ninth Circuit.
26 IT IS SO ORDERED.
27 Dated: May 7, 2013
9j7khi
28

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE