Agredano v. Salinas

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/30/12 denying 23 Motion to Proceed IFP on appeal. The clerk of the court shall serve a copy of this order on the United States Court of Appeals for the Ninth Circuit. (cc: USCA-9th circuit) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE L. AGREDANO,
Petitioner,

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ORDER

vs.
S. SALINAS,

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/

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No. CIV S-10-0427 KJM EFB P

Respondent.

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Petitioner, a state prisoner proceeding without counsel, filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Judgment was entered in this action on February

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17, 2012. On February 27, 2012, petitioner filed a notice of appeal. On March 6, 2012,

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petitioner filed a request to proceed in forma pauperis on appeal.

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Rule 24(a) of the Federal Rules of Appellate Procedure provides that a party to a district

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court action who desires to proceed in forma pauperis on appeal must file a motion in the district

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court which:

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(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the
party’s inability to pay or to give security for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on appeal.

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Fed. R. App. P. 24(a)(1). Petitioner’s motion fails to satisfy all three requirements.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s March 6, 2012 request to

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proceed in forma pauperis on appeal is denied without prejudice. The Clerk of the Court is

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directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit,

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and petitioner is hereby informed that he may file a motion to proceed in forma pauperis in the

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United States Court of Appeals for the Ninth Circuit. See Fed. R. App. P. 24(a)(5).

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DATED: April 30, 2012.

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