Warren v. Uribe

Filing 71

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/2013 ORDERING 69 MOTION to PROCEED IN FORMA PAUPERIS filed by Kenny Lynn Warren and 68 MOTION for CERTIFICATE of APPEALABILITY filed by Kenny Lynn Warren are DENIED. (Waggoner, D)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KENNY LYNN WARREN

12

Petitioner,

13
14

No. 2:10-cv-2120-MCE-EFB P

v.

ORDER

DOMINGO URIBE, JR.,

15

Respondent.

16
Petitioner, a state prisoner proceeding without counsel and in forma pauperis, filed an

17
18

application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Judgment was entered in

19

this action on August 26, 2013 and the court declined to issue a certificate of appealability.

20

Despite that ruling, petitioner now requests a certificate of appealability. ECF No. 68. As the

21

court has already decided that petitioner is not entitled to a certificate of appealability, petitioner’s

22

request is denied. Petitioner may, however, seek a certificate of appealability from the United

23

States Court of Appeals for the Ninth Circuit under Federal Rule of Appellate Procedure 22. Rule

24

11(a), Rules Governing Section 2254 Cases.
Petitioner also requests leave to proceed in forma pauperis on appeal. ECF No. 69. The

25
26

Federal Rules of Appellate Procedure provide as follows:

27

/////

28

/////
1

1
2
3

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 the district court . . . certifies
that the appeal is not taken in good faith or finds that the party is
not otherwise entitled to proceed in forma pauperis . . . .

4
Fed. R. App. P. 24(a)(3). This court has not certified that petitioner’s appeal is not taken in good
5
faith and has not otherwise found that plaintiff is not entitled to proceed on appeal in forma
6
pauperis. Accordingly, petitioner’s motion for leave to proceed in forma pauperis on appeal will
7
be denied as unnecessary.
8
9

Accordingly, IT IS HEREBY ORDERED that petitioner’s request for a certificate of

10

appealability and request to proceed in forma paupers (ECF No. 68, 69) are denied.

11

Dated: October 8, 2013.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2