Balbuena v. Biter et al

Filing 23

ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL. Signed by Judge Richard Seeborg on 7/20/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 7/20/2012)

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*E-Filed 7/20/12*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ALEXANDER BALBUENA,
Petitioner,

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No. C 11-0228 RS (PR)
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS ON
APPEAL

v.
MARTIN BITER,
Respondent.
/

United States District Court
For the Northern District of California

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This closed federal habeas corpus action, which is currently on appeal, was filed

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pursuant to 28 U.S.C. § 2254 by a pro se state prisoner. The Court denied the petition,

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entered judgment in favor of respondent, and declined to issue a certificate of appealability

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on May 25, 2012.

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Petitioner asks that his in forma pauperis (“IFP”) status should continue for his appeal

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(Docket No. 22). This Court determines that it should not. The Court certifies that any

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appeal taken from the order of dismissal and judgment of this action will not be taken in

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good faith and is therefore frivolous because there are no valid grounds on which to base an

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appeal. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674–75

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(1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). The Clerk shall

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No. C 11-0228 RS (PR)
ORDER DENYING IFP MOT.

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forthwith notify plaintiff and the Court of Appeals of this order. See FRAP 24(a)(4).

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Plaintiff may file a motion for leave to proceed IFP on appeal in the Court of Appeals within

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thirty days after service of notice of this order. See FRAP 24(a)(5). Any such motion “must

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include a copy of the affidavit filed in the district court and the district court’s statement of

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reasons for its action.” Id.

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IT IS SO ORDERED.
DATED: July 20, 2012
RICHARD SEEBORG
United States District Judge

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2

No. C 11-0228 RS (PR)
ORDER DENYING IFP MOT.