Patrick Jones v. Warden of USP Atwater

Filing 21

ORDER Terminating Motion To Proceed In Forma Pauperis As Moot, ORDER Directing Clerk Of Court To Refile Motion To Proceed In Forma Pauperis As Notice Of Appeal (ECF No. 20 ), signed by Magistrate Judge Stanley A. Boone on 3/22/2016. (Fahrney, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PATRICK JONES,
Petitioner,

12
13
14
15

Case No. 1:15-cv-01020-AWI-SAB-HC
ORDER TERMINATING MOTION TO
PROCEED IN FORMA PAUPERIS AS
MOOT

v.
WARDEN of USP ATWATER,

ORDER DIRECTING CLERK OF COURT
TO REFILE MOTION TO PROCEED IN
FORMA PAUPERIS AS NOTICE OF
APPEAL

Respondent.

16
(ECF No. 20)
17
18

Petitioner Patrick Jones is a federal prisoner proceeding pro se with a petition for writ of

19 habeas corpus pursuant to 28 U.S.C. § 2241. On September 30, 2015, the Court adopted the
20 Magistrate Judge’s findings and recommendation and dismissed the petition. (ECF No. 16). On
21 January 21, 2016, the Court denied Petitioner’s motion for reconsideration. (ECF No. 19).
22

On March 18, 2016, the Court received the instant motion, wherein Petitioner seeks

23 authorization to appeal in forma pauperis pursuant to Federal Rule of Appellate Procedure 24.
24 (ECF No. 20). The Court previously permitted Petitioner to proceed in forma pauperis in this
25 action. (ECF No. 4). Accordingly, Petitioner does not require further authorization to appeal in
26 forma pauperis. Fed. R. App. P. 24(a)(3). The Court construes the instant motion as a notice of
27 appeal. See Castro v. United States, 540 U.S. 375, 381-82 (2003) (courts may recharacterize a
28 pro se motion to “create a better correspondence between the substance of a pro se motion’s

1

1 claim and its underlying legal basis”); Bernhardt v. Los Angeles County, 339 F.3d 920, 925 (9th
2 Cir. 2003) (courts have a duty to construe pro se pleadings and motions liberally).
Accordingly, the Court HEREBY ORDERS that the motion to proceed in forma pauperis

3

4 is terminated as MOOT. Further, the Clerk of the Court is DIRECTED to refile the motion to
5 proceed in forma pauperis (ECF No. 20) as a notice of appeal.
6
7

IT IS SO ORDERED.

8 Dated:

March 22, 2016
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2