Nuccio v. McDonald

Filing 37

ORDER signed by Magistrate Judge Kendall J. Newman on 06/25/14 granting 36 Motion to Proceed IFP on appeal. (cc: USCA, 9th circuit) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH NATHORN NUCCIO,

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Petitioner,

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No. 2: 10-cv-2652 TLN KJN P

v.

ORDER

M.D. McDONALD,

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Respondent.

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Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee.
On March 7, 2014, the court denied the petition. (ECF No. 30.) On April 4, 2014,

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petitioner filed a notice of appeal. (ECF No. 32.) Pending before the court is petitioner’s May

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14, 2014 motion to proceed in forma pauperis on appeal. (ECF No. 36.) For the following

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reasons, this motion is granted.
Federal Rule of Appellate Procedure 24(a)(1) provides that a motion to proceed in forma

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pauperis on appeal filed by a prisoner proceeding with habeas corpus petition shall include an

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affidavit that: (A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s

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inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and (C)

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states the issues that the party intends to present on appeal.

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Petitioner’s application to proceed in forma pauperis demonstrates his inability to pay the

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fee on appeal. Petitioner’s application does not claim an entitlement to redress or state the issues

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that petitioner intends to present on appeal. Petitioner’s notice of appeal (ECF No. 32), however,

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contains this information. Taking judicial notice of petitioner’s notice of appeal, the undersigned

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finds that petitioner’s application to proceed in forma pauperis on appeal meets the requirements

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of Federal Rule of Appellate Procedure 24(a)(1) and should be granted.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s application to proceed in forma

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pauperis on appeal (ECF No. 36) is granted.

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Dated: June 25, 2014

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Nuc2652.ifp

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