Cisneros v. Lizarraga

Filing 27

ORDER DENYING 23 Request for Extension of Time signed by District Judge Anthony W. Ishii on 3/5/2018. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RAMON CISNEROS,
Petitioner,

12
13

ORDER DENYING REQUEST FOR
EXTENSION OF TIME

v.

14

Case No. 1:17-cv-00402-AWI-SAB-HC

J. LIZARRAGA,

(ECF No. 23)
15

Respondent.

16
17

Petitioner is a state prisoner who proceeded pro se and in forma pauperis with a § 2254

18 petition for writ of habeas corpus. On January 5, 2018, the Court denied the petition for writ of
19 habeas corpus and declined to issue a certificate of appealability. (ECF No. 21). On February 7,
20 2018, the Court received Petitioner’s notice of appeal and a request for extension of time to file
21 motions for a certificate of appealability and to proceed in forma pauperis. (ECF No. 23).
22

A party who is permitted to proceed in forma pauperis in the district court may proceed in

23 forma pauperis on appeal without further authorization unless the district court certifies that the
24 appeal is not taken in good faith. See Fed. R. App. P. 24(a)(3). Here, Petitioner was previously
25 granted in forma pauperis status on March 20, 2017. (ECF No. 4). Therefore, Petitioner is
26 entitled to proceed in forma pauperis on appeal without further authorization.
27

In the January 5, 2018 order denying the petition, the Court declined to issue a certificate

28 of appealability, finding that “reasonable jurists would not find the Court’s determination that

1 Petitioner’s federal habeas corpus petition should be denied debatable or wrong, or that the
2 issues presented are deserving of encouragement to proceed further. Petitioner has not made the
3 required substantial showing of the denial of a constitutional right.” (ECF No. 21 at 2).
4

Accordingly, Petitioner’s request for extension of time (ECF No. 23) is denied as

5 unnecessary.
6
7

IT IS SO ORDERED.

8 Dated: March 5, 2018

SENIOR DISTRICT JUDGE

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

2