Bivins v. Kramer

Filing 27

ORDER by Judge Marilyn Hall Patel denying 20 Motion for Leave to Appeal in forma pauperis (Attachments: # 1 CertServ) (awb, COURT STAFF) (Filed on 11/23/2010)

Bivins v. Kramer

Doc. 27

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOSEPH BIVINS, a/k/a JOSEPH BERNARD BIVENS, Petitioner, v. M. C. KRAMER, warden, Respondent. /

No. C 07-5643 MHP (pr) ORDER

This is the fifth habeas action filed by petitioner to challenge his 1975 conviction. The court dismissed this action without prejudice to petitioner filing a new habeas action if he ever obtained permission from the court of appeals to file a second or successive petition. This court later denied a certificate of appealability, as did the U.S. Court of Appeals for the Ninth Circuit. More than a year later, petitioner attempted to take a second appeal. The Ninth Circuit has dismissed that appeal. Petitioner's motion for leave to proceed in forma pauperis on that second appeal (docket # 20) is DENIED because the appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED. DATED: November 22, 2010 Marilyn Hall Patel United States District Judge

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