Wright v. The State of California

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/29/2016 DENYING without prejudice petitioner's 14 request to proceed IFP on appeal. The Clerk shall serve a copy of this order on the USCA Ninth Circuit, and petitioner is informed he may file a motion to proceed IFP in the USCA Ninth Circuit. (cc: Ninth Circuit) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOMINIC VA’SHON WRIGHT,

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No. 2:15-cv-2260-EFB P

Petitioner,
v.

ORDER

THE STATE OF CALIFORNIA,

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Respondent.

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

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corpus pursuant to 28 U.S.C. § 2254. Judgment was entered in this action on February 11, 2016

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and the court declined to issue a certificate of appealability. On February 29, 2016, petitioner

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filed a notice of appeal. On March 25, 2016, petitioner filed a request to proceed in forma

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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). Petitioner’s motion fails to satisfy all three requirements and is

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therefore denied.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s request to proceed in forma

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pauperis on appeal (ECF No. 14) 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: March 29, 2016.

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