Buckley v. Gipson

Filing 34

ORDER denying 31 Motion to Proceed IFP and 32 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 9/10/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY C. BUCKLEY,

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No. 2:13-cv-515-GEB-EFB P

Petitioner,

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v.

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GIBSON,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding without 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 August 5,

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2015. On September 8, 2015, petitioner filed a notice of appeal, a request for appointment of

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counsel and a request to proceed in forma pauperis.

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The Federal Rules of Appellate Procedure provide as follows:

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A party who was permitted to proceed in forma pauperis in the district-court action
. . . may proceed on appeal in forma pauperis without further authorization unless
the district court . . . certifies that the appeal is not taken in good faith or finds that
the party is not otherwise entitled to proceed in forma pauperis . . . .

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Fed. R. App. P. 24(a)(3). This court has not certified that petitioner’s appeal is not taken in good

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faith and has not otherwise found that he is not entitled to proceed on appeal in forma pauperis.

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

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forma pauperis on appeal (ECF No. 31) is denied as unnecessary. Petitioner’s motion for

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appointment of counsel (ECF No. 32) is denied without prejudice to renewal before the Court of

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Appeals.

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Dated: September 10, 2015.

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