Starr v. State of California, et al

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 06/19/13 denying 9 Motion to Proceed IFP on appeal. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN STARR,

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No. 2:13-cv-0006 KJM AC
Petitioner,

v.

ORDER

STATE OF CALIFORNIA,
Respondents.

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Petitioner, a state prisoner proceeding in forma pauperis, filed a petition for writ of habeas

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corpus under 28 U.S.C. § 2254. On May 31, 2013, the court entered judgment, dismissing the

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action without prejudice because it was second or successive pursuant to 28 U.S.C. § 2244. On

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June 17, 2013, plaintiff filed a notice of appeal, as well as a motion for leave to proceed in forma

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pauperis, presumably on appeal.

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The Federal Rules of Appellate Procedure provide as follows:
[A] party who has been permitted to proceed in an action in the
district court in forma pauperis . . . may proceed on appeal in forma
pauperis without further authorization unless . . . the district court
shall certify that the appeal is not taken in good faith or shall find
that the party is otherwise not entitled so to proceed . . . .

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Fed. R. App. P. 24(a). In this case petitioner never moved to proceed in district court in forma

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pauperis. Moreover, after review of the record herein, the court finds that plaintiff’s appeal is not

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taken in good faith. Accordingly, plaintiff’s motion for leave to proceed in forma pauperis on
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appeal is denied.

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In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s June 17,

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2013 motion to proceed in forma pauperis on appeal is denied. See Fed. R. App. P. 24(a).

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DATED: June 19, 2013

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_____________________________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:rb/star0006.101

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