Jackson v. Hense

Filing 43

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on April 25, 2012. (mmcsec, COURT STAFF) (Filed on 4/25/2012) (Additional attachment(s) added on 4/25/2012: # 1 Certificate/Proof of Service) (tmi, COURT STAFF).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 11 For the Northern District of California United States District Court 10 12 CLIFFORD L. JACKSON, JR., ) ) Petitioner, ) ) v. ) ) MIKE McDONALD, Warden, ) ) Respondent. ) ______________________________ ) No. C 08-4974 MMC (PR) ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL; DIRECTIONS TO CLERK (Docket No. 42) 13 14 On October 30, 2008, petitioner, a California prisoner proceeding pro se, filed the 15 above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging 16 the validity of a judgment obtained against him in state court. On February 17, 2012, the 17 Court denied the petition on the merits and denied a certificate of appealability. Petitioner 18 thereafter filed a notice of appeal. Now before the Court is petitioner’s request to proceed in 19 forma pauperis on appeal. In its order denying the petition, the Court declined to issue a 20 certificate of appealability and determined there were no valid grounds for an appeal. 21 Consequently, petitioner fails to show good cause to proceed in forma pauperis on appeal. 22 Accordingly, the request to proceed in forma pauperis on appeal is hereby DENIED. 23 The Clerk is hereby DIRECTED to send a copy of this order to petitioner and to the 24 Ninth Circuit Court of Appeals, wherein petitioner may renew his request. See Fed. R. App. 25 P. 24(a). 26 This order terminates Docket No. 42. 27 IT IS SO ORDERED. 28 DATED: April 25, 2012 _________________________ MAXINE M. CHESNEY United States District Judge

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