Shaffer v. Gonzales

Filing 19

ORDER DENYING REQUEST FOR A CERTIFICATE OF APPEALABILITY; ORDER DENYING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL (Illston, Susan) (Filed on 2/3/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 DAVID LLOYD SHAFFER, Petitioner, 12 13 No. C 10-3807 SI (PR) ORDER DENYING REQUEST FOR A CERTIFICATE OF APPEALABILITY; v. ORDER DENYING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL 14 F. GONZALES, Warden, 15 Respondent. / United States District Court For the Northern District of California 16 17 This closed federal habeas corpus action, which is currently on appeal, was filed pursuant 18 to 28 U.S.C. § 2254 by a pro se state prisoner. The Court denied the petition for writ of habeas 19 corpus, declined to issue a certificate of appealability (“COA”), and entered judgment in favor 20 of respondent on November 14, 2011. Petitioner’s request for a COA (Docket No. 16) is 21 DENIED as moot, the Court having declined to issue such certificate in the order denying the 22 petition. (Docket No. 13.) Petitioner’s request to proceed in forma pauperis (“IFP”) on appeal 23 is DENIED. In declining to issue a COA, the Court determined that there were no valid 24 appealable issues. Having concluded this, it would not be appropriate to grant petitioner’s 25 request to proceed IFP on appeal. The Clerk shall terminate Docket No. 16. 26 27 28 IT IS SO ORDERED. DATED: February 3, 2012 SUSAN ILLSTON United States District Judge

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