Gonzales v. Swarthout et al

Filing 26

ORDER denying 25 Motion to Proceed IFP signed by Magistrate Judge Craig M. Kellison on 05/05/11. (cc: USCA) (Plummer, M)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 RICHARD GONZALES, 9 Petitioner, 10 11 12 vs. ORDER GARY SWARTHOUT, et al., Respondents. 13 14 No. CIV S-10-0205-CMK-P / Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of 15 habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole in 2009. Final 16 judgment was entered on March 28, 2011, and petitioner has appealed. Pending before the court 17 is petitioner’s motion for leave to proceed in forma pauperis (Doc. 25). Because petitioner was 18 not granted in forma pauperis status in this court, he is not automatically entitled to such status 19 on appeal pursuant to Federal Rule of Appellate Procedure 24(a)(3). Petitioner’s motion is 20 denied without prejudice to renewing the motion in the Court of Appeals. 21 IT IS SO ORDERED. 22 23 24 25 DATED: May 5, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 26 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?