Renn v. Grounds

Filing 20

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

ANTHONY CHARLES RENN,
Petitioner,

12
13

ORDER DENYING REQUEST FOR A
CERTIFICATE OF
APPEALABILITY;

v.

14

R. GROUNDS,

ORDER DENYING REQUEST TO
PROCEED IN FORMA PAUPERIS ON
APPEAL

Respondent.

15
16
United States District Court
For the Northern District of California

No. C 11-3471 SI (PR)

/

17
18

The petition for writ of habeas corpus was dismissed as untimely, a certificate of

19

appealability (“COA”) was denied, and judgment entered in favor of respondent on March 21,

20

2012.

21
22
23

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.

24

18) is DENIED.

25

Consequently, the Court certifies that any appeal taken from the order of dismissal and judgment

26

of this action will not be taken in good faith and is therefore frivolous. Fed. R. App. P.

27

(“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674–75 (1958); Hooker v. American

28

The record shows no valid grounds on which an appeal can be based.

1

Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). The Clerk shall forthwith notify plaintiff and the

2

Court of Appeals of this order. See FRAP 24(a)(4). Petitioner may file a motion for leave to

3

proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of this

4

order. See FRAP 24(a)(5). Any such motion “must include a copy of the affidavit filed in the

5

district court and the district court’s statement of reasons for its action.” Id.

6

The Clerk shall terminate Docket Nos. 17 and 18.

7
8

IT IS SO ORDERED.

9
10

DATED: January 24, 2013
SUSAN ILLSTON
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2