Sanders v. Adams

Filing 28

ORDER signed by Senior Judge James K. Singleton on 9/29/2011 ORDERING 27 Motion to Proceed IFP is DENIED as MOOT. (Waggoner, D)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MARK D. SANDERS,
No. 2:09-cv-03398-JKS
Petitioner,
vs.

ORDER
[Re: Motion at Docket No. 27]

DARREL G. ADAMS, Warden, Corcoran
State Prison,
Respondent.

At Docket No. 27 Mark D. Sanders, a state prisoner appearing pro se, filed an application
to proceed in forma pauperis on his appeal. There is no filing fee required for a prisoner to
appeal from the denial of a petition for a writ of habeas corpus under 28 U.S.C. § 2254.1
Sanders must, however, obtain a Certificate of Appealability from the Court of Appeals.
IT IS THEREFORE ORDERED THAT the Application to Proceed in Forma Pauperis
by a Prisoner at Docket No. 27 is DENIED as moot.
Dated: September 29, 2011.
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge

1

Naddi v. Hill, 106 F.3d 275, 277 (9th Cir. 1997).