McClish v. Grounds

Filing 22

ORDER granting 15 Motion for Leave to Appeal in forma pauperis; denying 17 Motion for Certificate of Appealability. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 1/6/2014)

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2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 10 12 13 No. C 11-01104 RS MICHAEL PATRICK MCCLISH, Petitioner, 11 For the Northern District of California United States District Court 1 ORDER DENYING APPLICATION FOR A CERTIFICATE OF APPEALABILITY AND GRANTING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL v. RANDY GROUNDS, 14 15 Respondent. ____________________________________/ 16 17 The Court denied the petition for writ of habeas corpus, and entered judgment in favor of 18 respondent in May 2013. The Court then denied petitioner’s motion to amend the judgment in 19 December 2013. The Court now declines to issue a certificate of appealability. Reasonable 20 jurists would not “find the district court’s assessment of the constitutional claims debatable or 21 wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner may seek a certificate of 22 appealability from the Court of Appeals. 23 Petitioner’s application to proceed in forma pauperis (“IFP”) on appeal is granted. 24 25 26 27 IT IS SO ORDERED. Dated: January 6, 2014 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 28 NO. C 11-01104 RS ORDER

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