Mason v. Montgomery

Filing 35

ORDER signed by Senior Judge James K. Singleton on 9/29/2017 DENYING as MOOT 33 Motion for leave to appeal IFP. (Washington, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHRISTOPHER MASON, No. 2:15-cv-02176-JKS Petitioner, vs. ORDER [Re: Motion at Docket No. 33] JOEL MARTINEZ, Warden, Sierra Conservation Center, Respondent. This Court denied Christopher Mason, a California state prisoner proceeding pro se, habeas relief and a certificate of appealability on August 21, 2017. Docket Nos. 29, 30. Mason timely filed a notice of appeal with this Court dated September 18, 2017.1 Docket No. 31. At Docket No. 33, Mason moves for leave to appeal in forma pauperis. As this Court has already granted Mason leave to proceed in forma pauperis, Docket No. 4, 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 motion for leave to appeal in forma pauperis at Docket No. 33 is DENIED as moot. Dated: September 29, 2017. /s/James K. Singleton, Jr. JAMES K. SINGLETON, JR. Senior United States District Judge 1 The Court is obligated to give Mason the benefit of the “mailbox rule” and assume that he “filed” his petition on September 18, 2017, the date he signed it and presumably turned it over to prison authorities. See Anthony v. Cambra, 236 F.3d 568, 574-75 (9th Cir. 2000) (citing Houston v. Lack, 487 U.S. 266, 275 (1988)).

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