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)

Download PDF
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 Dockets.Justia.com

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?