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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 GLENN B. SPILLMAN, Petitioner, 10 11 12 13 vs. VINCE CULLEN, Acting Warden, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 10-4980 CRB (PR) ORDER DENYING PETITIONER’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL 14 15 This is a habeas corpus case filed pro se by a state prisoner. This court 16 denied the petition and denied a certificate of appealability (“COA”). Petitioner 17 filed a timely notice of appeal, and now moves for leave to proceed in forma 18 pauperis (“IFP”) on appeal. 19 The clerk has transmitted the file to the court of appeals. Petitioner may ask the 20 court of appeals to issue the certificate, see R.App.P. 22(b)(1), or if he does not, the 21 notice of appeal will be construed as such a request, see R.App.P. 22(b)(2). That is, the 22 court of appeals will consider whether a certificate of appealability should issue, and 23 thus whether the appeal may proceed. Pending the court of appeals’ decision on 24 whether a COA should issue, the motion for leave to proceed IFP on appeal (document 25 number 12) is DENIED. The motion may be renewed if a COA is granted. 26 IT IS SO ORDERED. 27 DATED: April 5, 2012 CHARLES R. BREYER United States District Judge 28 N:\10-4980.crborder.wpd

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