Khan v. Lopez

Filing 31

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL 27 (Illston, Susan) (Filed on 9/24/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 10-3949 SI

ADNAN KHAN,
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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS ON
APPEAL

Petitioner,
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v.
RAUL LOPEZ, Warden

United States District Court
For the Northern District of California

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Respondent.

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Petitioner Adnan Khan has filed a motion seeking to proceed in forma pauperis (“IFP”) on his

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appeal of the Court’s denial of his petition for a writ of habeas corpus.

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IFP applications are reviewed using a two-part analysis pursuant to 28 U.S.C. § 1915. First, the

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Court must determine that the applicant qualifies financially to proceed IFP. 28 U.S.C. § 1915(a)(1).

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Next, the Court must ensure that the applicant states cognizable, non-frivolous claims or defenses. Id.

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§ 1915(e)(2)(B). The Court may “at any time” dismiss an IFP action or appeal if it determines that the

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action or appeal “is frivolous or malicious.” Id.

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Petitioner has previously been found to be indigent by the Court, and his family has not retained

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counsel to represent him for the appeal. Additionally, the Court does not find that petitioner’s appeal

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is either frivolous or malicious.

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Accordingly, the Court GRANTS petitioner’s motion to proceed in forma pauperis on his
appeal.
IT IS SO ORDERED.

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Dated: September 24, 2013

SUSAN ILLSTON
United States District Judge