Gomez v. Ayers

Filing 14

ORDER by Judge Saundra Brown Armstrong DENYING 11 Motion for Certificate of Appealability, GRANTING 12 Motion for Leave to Appeal in forma pauperis. (lrc, COURT STAFF) (Filed on 9/10/2008) Modified on 9/11/2008 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ROBERT L. AYERS, RUBEN GOMEZ, Petitioner,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 06-04561 SBA (PR) ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY AS UNNECESSARY; GRANTING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL /

Respondent.

Petitioner has filed a notice of appeal and a request for a certificate of appealability following this Court's denial of his habeas petition challenging as a violation of his constitutional rights Governor Arnold Schwarzenegger's reversal of the finding of parole suitability by the California Board of Parole Hearings (Board).1 He also moves for leave to proceed in forma pauperis on appeal. Petitioner's request for a certificate of appealability is DENIED as unnecessary. The Ninth Circuit recently made clear that a state prisoner challenging the administrative decision by the Board to deny his request for parole need not obtain a certificate of appealability. See Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th Cir. 2005). Good cause appearing, Petitioner's request for leave to proceed in forma pauperis on appeal is GRANTED. The Clerk of the Court shall process the notice of appeal. IT IS SO ORDERED. DATED: 9/9/08 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

The Board of Prison Terms was abolished effective July 1, 2005, and replaced with the Board of Parole Hearings. Cal. Penal Code § 5075(a).
1

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RUBEN GOMEZ, Plaintiff, v. ROBERT L. AYERS et al, Defendant. /

Case Number: CV06-04561 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 10, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Ruben C. Gomez CDC C-93886 San Quentin State Prison San Quentin, CA 94974 Dated: September 10, 2008

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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