Bucci v. Busby

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 1/21/2016 DENYING without prejudice petitioner's 42 motion to proceed IFP on appeal. (cc: Ninth Circuit)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICOLA CHRISTOPHER BUCCI,

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No. 2:11-cv-3147 GEB KJN P

Petitioner,
v.

ORDER

TIMOTHY E. BUSBY,

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Respondent.

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Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion to

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proceed in forma pauperis on appeal. (ECF No. 42.)

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Petitioner’s motion does not comply with Federal Rule of Appellate Procedure 24. The

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application does not include an affidavit that claims an entitlement to redress, and nor does it state

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the issues that petitioner intends to present on appeal.

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

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pauperis on appeal (ECF No. 42) is denied without prejudice.

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Dated: January 21, 2016

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Bu3147.ifp
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