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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROY GERALD SMITH,

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Petitioner,

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vs.

ORDER

M.D. McDONALD,
Respondent.

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No. CIV S-10-1737-KJM-CMK-P

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Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on September 29,

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2011. Pending before the court is petitioner’s motion for leave to proceed in forma pauperis on

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appeal (Doc. 35). The motion is denied without prejudice to renewing the motion in the Ninth

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Circuit Court of Appeals.

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IT IS SO ORDERED.
DATED: October 27, 2011
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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