Renn v. Grounds
Filing
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ORDER DENYING REQUEST FOR A CERTIFICATE OF APPEALABILITY;ORDER DENYING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL 17 18 (Illston, Susan) (Filed on 1/24/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY CHARLES RENN,
Petitioner,
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ORDER DENYING REQUEST FOR A
CERTIFICATE OF
APPEALABILITY;
v.
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R. GROUNDS,
ORDER DENYING REQUEST TO
PROCEED IN FORMA PAUPERIS ON
APPEAL
Respondent.
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United States District Court
For the Northern District of California
No. C 11-3471 SI (PR)
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The petition for writ of habeas corpus was dismissed as untimely, a certificate of
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appealability (“COA”) was denied, and judgment entered in favor of respondent on March 21,
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2012.
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Petitioner’s motion for a COA (Docket No. 17) is DENIED as moot, the Court having
declined to issue a COA in the order of dismissal.
Petitioner’s motion for leave to proceed in forma pauperis (“IFP”) on appeal (Docket No.
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18) is DENIED.
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Consequently, the Court certifies that any appeal taken from the order of dismissal and judgment
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of this action will not be taken in good faith and is therefore frivolous. Fed. R. App. P.
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(“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674–75 (1958); Hooker v. American
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The record shows no valid grounds on which an appeal can be based.
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Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). The Clerk shall forthwith notify plaintiff and the
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Court of Appeals of this order. See FRAP 24(a)(4). Petitioner may file a motion for leave to
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proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of this
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order. See FRAP 24(a)(5). Any such motion “must include a copy of the affidavit filed in the
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district court and the district court’s statement of reasons for its action.” Id.
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The Clerk shall terminate Docket Nos. 17 and 18.
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IT IS SO ORDERED.
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DATED: January 24, 2013
SUSAN ILLSTON
United States District Judge
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