Grunau v. Hill

Filing 13

ORDER re 12 Affidavit in Support of Motion filed by Mark Thomas Grunau. Signed by Judge William Alsup on 12/22/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 12/22/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK THOMAS GRUNAU,

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Petitioner,
v.
RICK M. HILL,
Respondent.

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No. C 10-5648 WHA (PR)
ORDER DENYING LEAVE TO PROCEED
ON APPEAL IN FORMA PAUPERIS

(Docket No. 12)

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This is a habeas corpus case filed by a state prisoner pursuant to 28 U.S.C. 2254. The

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petition was denied on its merits, and a certificate of appealability was denied in the same order.
Petitioner has filed a notice of appeal and a motion for leave to proceed on appeal in forma
pauperis. The certificate of appealability was denied because “no reasonable jurist would find
the denial of his claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). For
the same reason, petitioner’s appeal is not taken in “good faith” and consequently leave to
proceed on appeal in forma pauperis is DENIED. See 28 U.S.C. § 1915(a)(3).

IT IS SO ORDERED.
DATED: December 22, 2011

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G:\PRO-SE\WHA\HC.10\GRUNAU5648.AFP.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE