Spillman v. Cullen
Order by Hon. Charles R. Breyer denying 12 Motion for Leave to Appeal in forma pauperis. (Attachments: # 1 Certificate of Service)(tlS, COURT STAFF) (Filed on 4/5/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
GLENN B. SPILLMAN,
VINCE CULLEN, Acting Warden,
No. C 10-4980 CRB (PR)
FOR LEAVE TO PROCEED
IN FORMA PAUPERIS ON
This is a habeas corpus case filed pro se by a state prisoner. This court
denied the petition and denied a certificate of appealability (“COA”). Petitioner
filed a timely notice of appeal, and now moves for leave to proceed in forma
pauperis (“IFP”) on appeal.
The clerk has transmitted the file to the court of appeals. Petitioner may ask the
court of appeals to issue the certificate, see R.App.P. 22(b)(1), or if he does not, the
notice of appeal will be construed as such a request, see R.App.P. 22(b)(2). That is, the
court of appeals will consider whether a certificate of appealability should issue, and
thus whether the appeal may proceed. Pending the court of appeals’ decision on
whether a COA should issue, the motion for leave to proceed IFP on appeal (document
number 12) is DENIED. The motion may be renewed if a COA is granted.
IT IS SO ORDERED.
DATED: April 5, 2012
CHARLES R. BREYER
United States District Judge
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