Chun v. Lopez

Filing 37

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/23/2013 DENYING, without prejudice, petitioner's 34 request to proceed IFP on appeal; the Clerk shall serve a copy of this order on the USCA for the Ninth Circuit, and petitioner is hereby informed that he may file a motion to proceed ifp in the Ninth Circuit. (cc: Ninth Circuit) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SARUN CHUN,
Petitioner,

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vs.
RAUL LOPEZ,
Respondent.

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ORDER
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No. 2:11-cv-1480-MCE-EFB P

Petitioner, a state prisoner proceeding with counsel, filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Judgment was entered in this action on June 12,

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2013. On July 12, 2013, petitioner filed a notice of appeal. On the same date, petitioner filed a

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request to proceed in forma pauperis on appeal. ECF No. 34.

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Rule 24(a) of the Federal Rules of Appellate Procedure provides that a party to a district

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court action who desires to proceed in forma pauperis on appeal must file a motion in the district

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court which:

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(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the
party’s inability to pay or to give security for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on appeal.

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Fed. R. App. P. 24(a)(1). Petitioner’s motion fails to satisfy all three requirements.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s July 12, 2013 request to

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proceed in forma pauperis on appeal (ECF No. 34) is denied without prejudice. The Clerk of the

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Court is directed to serve a copy of this order on the United States Court of Appeals for the

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Ninth Circuit, and petitioner is hereby informed that he may file a motion to proceed in forma

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pauperis in the United States Court of Appeals for the Ninth Circuit. See Fed. R. App. P.

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24(a)(5).

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DATED: July 23, 2013.

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