Grey v. McDonald

Filing 36

ORDER signed by Senior Judge James K. Singleton on 3/5/2012 ORDERING 31 Motion to Proceed IFP is DENIED without prejudice to renewal before the Court of Appeals for the Ninth Circuit. Clerk shall serve a copy of this Order on parties appearing in this cause. (Waggoner, D)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
AARON GREY,
No. 2:10-cv-01257-JKS
Petitioner,
vs.

ORDER
[Re: Motion at Docket No. 31]

M. D. McDONALD, Warden, High Desert
State Prison,
Respondent.

At Docket No. 31 Aaron Grey, a state prisoner appearing pro se, filed a Motion and
Affidavit for Leave to Appeal in Forma Pauperis. This Court entered its Judgement on
December 22, 2011, in which the Court declined to issue a Certificate of Appealability.
Accordingly, this Court has determined that the appeal is frivolous, without merit and does not
present a substantial question.1
IT IS THEREFORE ORDERED THAT the Motion and Affidavit for Leave to Appeal
in Forma Pauperis is DENIED, without prejudice to renewal before the Court of Appeals for the
Ninth Circuit.
The Clerk of the Court to serve a copy of this Order on the parties appearing in this cause.
Dated: March 5, 2012.
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge

1

28 U.S.C. §§ 1915(a), 753(f).