Brown v. Lopez

Filing 20

ORDER DENYING LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS. Signed by Judge Jeffrey S. White on 2/1/12. (jjoS, COURT STAFF) (Filed on 2/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MAURICE LASHAWN BROWN,

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Petitioner,
vs.
RAUL LOPEZ,
Respondent.

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No. C 10-5814 JSW (PR)

ORDER DENYING LEAVE TO
PROCEED ON APPEAL IN FORMA
PAUPERIS

(Docket No. 19)

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This is a habeas corpus case filed by a state prisoner pursuant to 28 U.S.C. § 2254.
The application to proceed in forma pauperis was denied and he paid the filing fee. The
petition was dismissed and a certificate of appealability was denied in the same order.
Petitioner filed a notice of appeal and has requested 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 (docket number 6) is
DENIED. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED.
DATED: February 1, 2012
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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MAURICE L BROWN,

Case Number: CV10-05814 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.
RAUL LOPEZ et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on February 1, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Maurice L. Brown K-07663
Corcoran State Prison
P.O. Box 3461
Corcoran, CA 93212

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Dated: February 1, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk