Smith v. McDonald

Filing 37

ORDER signed by Magistrate Judge Craig M. Kellison on 10/27/11 DENYING 35 Motion to Proceed IFP without prejudice to renewing the motion in the Ninth Circuit Court of Appeals. (Dillon, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROY GERALD SMITH, 11 Petitioner, 12 13 14 vs. ORDER M.D. McDONALD, Respondent. 15 16 No. CIV S-10-1737-KJM-CMK-P / Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on September 29, 18 2011. Pending before the court is petitioner’s motion for leave to proceed in forma pauperis on 19 appeal (Doc. 35). The motion is denied without prejudice to renewing the motion in the Ninth 20 Circuit Court of Appeals. 21 22 23 24 IT IS SO ORDERED. DATED: October 27, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 25 26 1

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