Dunne v. Bissett

Filing 35

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/14/2017 DENYING 32 Request to Proceed IFP on Appeal. (cc: USCA Ninth Circuit) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM DENNIS DUNNE,

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No. 2:15-cv-0549-JAM-EFB P

Petitioner,
v.

ORDER

STEPHEN LANGFORD,

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Respondent.

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Petitioner is a federal prisoner proceeding without counsel on a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2241. Judgment was entered in this action on April 20,

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2017 and the court declined to issue a certificate of appealability. On June 12, 2017, petitioner

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filed a notice of appeal and a request to proceed in forma pauperis on appeal.

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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;

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(B) claims an entitlement to redress; and

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(C) states the issues that the party intends to present on appeal.

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Fed. R. App. P. 24(a)(1).
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Petitioner’s motion fails to satisfy all three of the requirements set forth in Rule 24(a), and
is therefore denied.
Accordingly, IT IS HEREBY ORDERED that petitioner’s request to proceed in forma

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pauperis on appeal (ECF No. 32) is denied without prejudice. The Clerk of the Court is directed

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to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit, and

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petitioner is hereby informed that he may file a motion to proceed in forma pauperis in the United

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States Court of Appeals for the Ninth Circuit. See Fed. R. App. P. 24(a)(5).

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DATED: June 14, 2017.

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