Abdalla v. Sherman

Filing 9

ORDER GRANTING 8 Motion to Proceed IFP on APPEAL, signed by Magistrate Judge Barbara A. McAuliffe on 04/8/15. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 MOHAMED ABDALLA,

Case No. 1:14-cv-02070-BAM-HC

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ORDER GRANTING PETITIONER’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS ON APPEAL (DOC. 8)

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Petitioner,
v.

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STU SHERMAN, Warden,
Respondent.

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Petitioner is a state prisoner who proceeded pro se with a
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Pursuant to 28 U.S.C. § 636(c)(1), Petitioner consented to the
jurisdiction of the United States Magistrate Judge to conduct all
further proceedings in the case, including the entry of final
judgment, by manifesting Petitioner’s consent in a writing signed by
Petitioner and filed on January 16, 2015.

On January 28, 2015, the

Court dismissed the petition for failure to state facts warranting
habeas corpus relief.

Pending before the Court is Petitioner’s

motion to proceed in forma pauperis on appeal, which was filed on
February 20, 2015.
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Because Petitioner has not filed a notice of appeal, it is not

2 clear that Petitioner intends to appeal from the dismissal.
3 However, in an abundance of caution, the Court will consider
4 Petitioner’s motion.
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A party who was permitted to proceed in forma pauperis in the

6 district court may proceed in forma pauperis on appeal without
7 further authorization unless the district court certifies that the
8 appeal is not taken in good faith.

See Fed. R. App. P. 24(a)(3).

9 In this case, Petitioner proceeded in forma pauperis in this Court.
10 (Doc. 2, filed December 30, 2014.)

This Court has not certified

11 that the appeal is not taken in good faith.
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Accordingly, Petitioner’s motion to proceed in forma pauperis

13 on appeal is GRANTED.
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15 IT IS SO ORDERED.
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Dated:

/s/ Barbara

April 8, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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