Velasquez v. Sherman

Filing 33

ORDER DENYING as MOOT 32 Motion to Proceed IFP on Appeal signed by Magistrate Judge Erica P. Grosjean on 3/29/2017. (Sant Agata, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ANDREW FRANCISCO VELASQUEZ, Petitioner, 9 10 11 Case No. 1:15-cv-01472-DAD-EPG-HC ORDER DENYING AS MOOT MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL v. STU SHERMAN, (ECF No. 32) Respondent. 12 13 14 Petitioner is a state prisoner who proceeded pro se with a petition for writ of habeas 15 corpus pursuant to 28 U.S.C. § 2254. On February 24, 2017, the Court adopted the Magistrate 16 Judge’s findings and recommendation and denied the petition. (ECF No. 26). 17 On March 27, 2017, Petitioner filed the instant motion to proceed in forma pauperis on 18 appeal. (ECF No. 32). The Court previously permitted Petitioner to proceed in forma pauperis in 19 this action. (ECF No. 5). Therefore, Petitioner does not require further authorization to appeal in 20 forma pauperis. Fed. R. App. P. 24(a)(3). 21 Accordingly, Petitioner’s motion to proceed in forma pauperis on appeal (ECF No. 32) is 22 DENIED as MOOT. 23 24 25 IT IS SO ORDERED. Dated: March 29, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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