David Carter v. James D Hartley

Filing 21

ORDER GRANTING 17 , 18 Motion to Proceed IFP ON APPEAL signed by Magistrate Judge Jennifer L. Thurston on 8/14/2012. cc: Ninth Circuit Court of Appeals via CM/ECF. (Jessen, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 DAVID CARTER, 11 Petitioner, 12 vs. 13 JAMES D. HARTLEY, 14 15 16 17 18 Respondent. 1:12-cv-00829-AWI-JLT (HC) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL and DIRECTING CLERK TO SERVE THE COURT OF APPEALS (Docs. 17, 18) ________________________________/ Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 23, 2012, judgment was entered dismissing the petition for writ of habeas corpus. 19 On August 13, 2012, petitioner filed a notice of appeal and an application to proceed in forma 20 pauperis. Examination of petitioner’s application to proceed in forma pauperis reveals that 21 petitioner is unable to afford the costs of an appeal. Accordingly, the application to proceed in 22 forma pauperis on appeal is GRANTED. See 28 U.S.C. § 1915. The Clerk is directed to serve 23 a copy of this order on the Court of Appeals for the Ninth Circuit. 24 25 IT IS SO ORDERED. 26 Dated: August 14, 2012 9j7khi 27 28 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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