Shrader v. Watson

Filing 19

ORDER Denying as Moot Petitioner's 18 Motion for Waiver of Appellate Filing Fee signed by Magistrate Judge Sheila K. Oberto on 09/29/2017. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 THOMAS C. SHRADER, CASE NO. 1:17-cv-00685-DAD-SKO HC 10 Petitioner, 11 v. 12 ORDER DENYING AS MOOT PETITIONER’S MOTION FOR WAIVER OF APPELLATE FILING FEE B. WATSON, 13 Respondent. 14 15 Petitioner, a federal prisoner appealing this Court’s denial of his petition for writ of habeas 16 17 corpus pursuant to 28 U.S.C. § 2241, moves the Court for waiver of the appellate filing fee. A petitioner 18 who was authorized to file in forma pauperis in the District Court may proceed on appeal without 19 further authorization unless the District Court finds that the appeal is not taken in good faith or that the 20 21 petitioner is not otherwise entitled to proceed in forma pauperis. F.R.App.P. 24(a)(3). On May 18, 2017, the Court authorized Petitioner to proceed in forma pauperis. Doc. 3. The 22 23 Court has not found that the appeal was not taken in good faith or that Petitioner is not otherwise entitled 24 to continue without payment of the filing fee. This means that Petitioner’s appeal may proceed without 25 26 the District Court’s waiving the appellate filing fee. // 27 28 29 30 // 1 Based on the foregoing, Petitioner’s motion for waiver of appellate filing fee is hereby DENIED 1 2 as moot. 3 4 IT IS SO ORDERED. 5 6 Dated: September 29, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sheila K. Oberto 2 .

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