Tamplin v. Muniz

Filing 77

ORDER DENYING AS MOOT 73 Petitioner's Motion for Waiver of Appellate Filing Fee and ORDER DECLINING to Issue Certificate of Appealability signed by District Judge Anthony W. Ishii on 5/5/2016. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DWIGHT TAMPLIN,

12

Petitioner,

13
14

v.
WILLIAM MUNIZ, Warden,

15

No. 1:12-cv-01633-AWI-SKO HC
ORDER DENYING AS MOOT
PETITIONER’S MOTION FOR
WAIVER OF APPELLATE FILING FEE
ORDER DECLINING TO ISSUE
CERTIFICATE OF APPEALABILITY

Respondent.
(Doc. 73)

16

Petitioner, a state prisoner appealing this Court’s denial of his petition for writ of habeas

17
18

corpus pursuant to 28 U.S.C. § 2254, moves the Court for waiver of the appellate filing fee. A

19

petitioner who was authorized to file in forma pauperis in the District Court may proceed on

20

appeal without further authorization unless the District Court finds that the appeal is not taken in

21

good faith or that the petitioner is not otherwise entitled to proceed in forma pauperis.

22

F.R.App.P. 24(a)(3).

23

On October 5, 2012, the Court authorized Petitioner to proceed in forma pauperis. Doc.

24

4. The Court has not found that the appeal is not taken in good faith1 or that Petitioner is not

25

otherwise entitled to continue without payment of the filing fee. This means that Petitioner’s

26

appeal may proceed without the District Court’s waiving the appellate filing fee. As such,

27
1

28

Although the District Court did not find the appeal to be taken in bad faith, it declined to issue a certificate of
appealability. Doc. 71. Accordingly, Petitioner must petition the appellate court for a certificate of appealability
pursuant to F.R.App.P. 22.

1

1
2

Petitioner’s motion for waiver of appellate filing fee is hereby DENIED as moot.
The Court has also considered Petitioner’s motion for reconsideration of its declination to

3

issue a certificate of appealability. Petitioner has presented no new grounds for issuance of a

4

certificate of appealability. For the same reasons that the Court denied Petitioner’s request for a

5

certificate of appealability on May 2, 2016, see Docs. 69 and 71, the court again DECLINES to

6

issue a certificate of appealability.

7
8
IT IS SO ORDERED.
9
10

Dated: May 5, 2016
SENIOR DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2