Shell v. Lewis

Filing 20

ORDER. Signed by Judge JEFFREY S. WHITE on 10/15/12. (jjoS, COURT STAFF) (Filed on 10/15/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LIONEL SHELL,

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For the Northern District of California

United States District Court

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No. C 11-02515 JSW

Petitioner,
v.
GREG LEWIS, Warden,

ORDER

Respondent.
/

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Pursuant to 28 U.S.C. § 2253, Petitioner requests the issuance of a certificate of

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appealability. However, Petitioner has failed to make a substantial showing that a reasonable

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jurist would find the dismissal of his petition debatable or wrong. Slack v. McDaniel, 529 U.S.

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473, 484 (2000). Consequently, no certificate of appealability is warranted in this case.

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Further, Petitioner files a request to proceed in forma pauperis on appeal. For the same

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reasons the Court has determined that a certificate of appealability was not warranted, the Court

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finds the appeal is not taken in “good faith.” Therefore, the Court DENIES the request for leave

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to proceed on appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3).

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Finally, attorney for Petitioner moves to withdraw as counsel of record and requests that

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Appellant be provided with appointed counsel. As this matter has been dismissed and is

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currently on appeal, this request is more properly presented on appeal and is DENIED without

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prejudice to refiling before the appellate court.

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IT IS SO ORDERED.
Dated: October 15, 2012

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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE