Hernandez v. Curry et al

Filing 22

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL. Signed by Judge Phyllis J. Hamilton on 3/7/11. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 3/7/2011)

Hernandez v. Curry et al

Doc. 22

1 2 3 4 5 6 7 8 9 10 vs. B. CURRY, Warden, Respondent. / 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
P:\PRO-SE\PJH\HC.08\HERNANDEZ,B1979.IFP-APP.wpd

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

BENJAMIN HERNANDEZ, Petitioner, No. C 08-1979 PJH (PR) ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

United States District Court

11
For the Northern District of California

This is a habeas case filed pro se by a state prisoner. The petition was directed to a denial of parole. The court denied the petition on the merits and denied a certificate of appealabiliity. Petitioner has asked the Ninth Circuit to grant a COA; that court has not yet ruled on the motion. Petitioner cannot appeal unless a COA is issued. The motion for leave to proceed IFP on appeal therefore is DENIED as moot. Petitioner may renew the motion in the court of appeals if that court issues a COA. IT IS SO ORDERED. Dated: March 7, 2011. PHYLLIS J. HAMILTON United States District Judge

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