Spillman v. Cullen

Filing 16

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GLENN B. SPILLMAN,
Petitioner,

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vs.
VINCE CULLEN, Acting Warden,
Respondent.

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No. C 10-4980 CRB (PR)
ORDER DENYING
PETITIONER’S MOTION
FOR LEAVE TO PROCEED
IN FORMA PAUPERIS ON
APPEAL

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This is a habeas corpus case filed pro se by a state prisoner. This court

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denied the petition and denied a certificate of appealability (“COA”). Petitioner

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filed a timely notice of appeal, and now moves for leave to proceed in forma

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pauperis (“IFP”) on appeal.

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The clerk has transmitted the file to the court of appeals. Petitioner may ask the

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court of appeals to issue the certificate, see R.App.P. 22(b)(1), or if he does not, the

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notice of appeal will be construed as such a request, see R.App.P. 22(b)(2). That is, the

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court of appeals will consider whether a certificate of appealability should issue, and

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thus whether the appeal may proceed. Pending the court of appeals’ decision on

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whether a COA should issue, the motion for leave to proceed IFP on appeal (document

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number 12) is DENIED. The motion may be renewed if a COA is granted.

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IT IS SO ORDERED.

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DATED: April 5, 2012
CHARLES R. BREYER
United States District Judge

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