Sanchez v. Walker, et al

Filing 30

ORDER signed by Magistrate Judge Timothy J. Bommer on 6/19/2012 ORDERING that Petitioner's 10/12/2011 26 motion to proceed in forma pauperis on appeal is DENIED AS UNNECESSARY. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MANUEL GUADALUPE SANCHEZ, Jr.

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Petitioner,

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vs.
J. WALKER, et al.,

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2: 10 - cv - 596 - GEB TJB

Respondents.

ORDER

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. Judgement was entered on September 28,

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2011 as Petitioner’s habeas petition was denied. On October 12, 2011, Petitioner filed a notice

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of appeal (Dkt. No. 25) and a motion for leave to proceed in forma pauperis on appeal. (Dkt. No.

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26.)

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Rule 24(a)(3) of the Federal Rules of Appellate Procedure provides as follows:

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A party who was permitted to proceed in forma pauperis in the
district-court action . . . may proceed on appeal in forma pauperis
without further authorization, unless (A) the district court - before
or after the notice of appeal is filed – certifies that the appeal is not
taken in good faith or finds that the party is not otherwise entitled
to proceed in forma pauperis and states in writing its reasons for
the certification or finding; or (B) a statute provides otherwise.

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F. R. APP . P. 24(a)(3). Petitioner was previously granted in forma pauperis status on May 7, 2010

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in this case. (See Dkt. No. 6.) Since the court has not certified that Petitioner’s appeal is not

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taken in good faith nor found a statute that prevents Petitioner from proceeding on appeal in

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forma pauperis, Petitioner’s October 12, 2011 motion for leave to proceed in forma pauperis on

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appeal will be denied as unnecessary.

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Accordingly, IT IS HEREBY ORDERED that Petitioner’s October 12, 2011 motion to

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proceed in forma pauperis on appeal (Dkt. No. 26) is DENIED AS UNNECESSARY.

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DATED: June 19, 2012

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TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE

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