Galloway v. Cates et al

Filing 49

ORDER signed by Magistrate Judge Dale A. Drozd on 06/10/13 denying 45 Motion to Proceed IFP. (Plummer, 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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PETER LYNN GALLOWAY,
Petitioner,

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No. 2:11-cv-1464 KJM DAD P

vs.

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R. H. TRIMBLE, Warden,

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Respondent.

ORDER
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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. This matter is currently on appeal to the United States

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Court of Appeals for the Ninth Circuit.
On May 3, 2013, petitioner filed a request to proceed on appeal in forma pauperis.

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The court file reflects that petitioner was granted in forma pauperis status in this action. Rule

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24(a)(3) of the Federal Rules of Appellate Procedure provides that a party who was permitted to

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proceed in forma pauperis in the district court may proceed on appeal in forma pauperis without

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further authorization from the district court, absent certain conditions not applicable here.

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Because petitioner is entitled to proceed on appeal in forma pauperis without further

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authorization, his request to do so will be denied as unneccessary.

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Accordingly, IT IS ORDERED that petitioner’s May 3, 2013 request to proceed

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on appeal in forma pauperis (ECF No. 45) is denied as unnecessary.

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DATED: June 10, 2013.

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DAD:8
galloway1464.ifp

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