Bracken v. People of the State of California

Filing 56

ORDER signed by Senior Judge James K. Singleton on 9/20/16 ORDERING that the Clerk is directed to transfer Bracken's Motion for a Certificate of Appealability at Docket No. 53 to the Ninth Circuit Court of Appeals; and Bracken's motion for leave to appeal in forma pauperis at Docket No. 54 is DENIED AS MOOT.(Becknal, R)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
WILLIAM A. BRACKEN,
No. 2:15-cv-00408-JKS
Petitioner,
ORDER
[Re: Motions at Docket Nos. 53, 54]

vs.
NEIL MCDOWELL, Warden, Ironwood
State Prison,
Respondent.

This Court denied William A. Bracken, a state prisoner proceeding pro se, habeas relief
and a certificate of appealability on August 26, 2016. Docket Nos. 49, 50. Bracken timely filed
a notice of appeal with this Court dated September 6, 2016. Docket No. 52.
At Docket No. 53, Bracken filed a request for a certificate of appealability. Because this
Court has already denied Bracken a certificate of appealability, it appears that Bracken
inadvertently filed his motion with this Court rather than the Court of Appeals. Bracken also
moves for leave to appeal in forma pauperis. Docket No. 54. As this Court has already granted
Bracken leave to proceed in forma pauperis, Docket No. 12, it is unnecessary for him to obtain
further authorization from this Court, see FED. R. APP. P. 24(a)(3).
IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to transfer
Bracken’s Motion for a Certificate of Appealability at Docket No. 53 to the Ninth Circuit Court
of Appeals.

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IT IS FURTHER ORDERED THAT Bracken’s motion for leave to appeal in forma
pauperis at Docket No. 54 is DENIED AS MOOT.
Dated: September 20, 2016.
/s/James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
Senior United States District Judge

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