Jackson v. Martinez

Filing 55

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/03/22 DENYING 51 Motion to Proceed In Forma Pauperis and DENYING 49 Motion for Certificate of Appealability. (Plummer, M)(cc: USCA, 9th circuit) Modified on 3/3/2022 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YONNIE JACKSON,

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Petitioner,

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No. 2:17-cv-1311 TLN CKD P

v.

ORDER

JOSE MARTINEZ,

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Respondent.

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Petitioner, a state prisoner proceeding in forma pauperis, sought habeas relief pursuant to

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28 U.S.C. § 2254. Judgment was entered in this action on October 13, 2021. On February 28,

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2022, plaintiff filed a motion for leave to proceed in forma pauperis on appeal.
The Federal Rules of Appellate Procedure provide as follows:

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[A] party who has been permitted to proceed in an action in the
district court in forma pauperis . . . may proceed on appeal in forma
pauperis without further authorization unless . . . the district court
shall certify that the appeal is not taken in good faith or shall find that
the party is otherwise not entitled so to proceed . . . .

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

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

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Accordingly, plaintiff’s motion for leave to proceed in forma pauperis on appeal will be denied as

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unnecessary.

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Also, petitioner has filed a motion for a certificate of appealability. Because the court

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denied a certificate of appealability in the order denying petitioner’s petition for a writ of habeas

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corpus (ECF No. 38), that request is denied as moot.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion to proceed in forma pauperis on appeal (ECF No. 51) is denied as

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unnecessary.
2. Petitioner’s motion for a certificate of appealability (ECF No. 49) is denied as moot.
Dated: March 3, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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