Wright v. Hedgpeth et al

Filing 39

ORDER by Judge ARMSTRONG denying 37 Motion for Leave to Appeal in forma pauperis (lrc, COURT STAFF) (Filed on 3/4/2011)

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Wright v. Yates, et al Doc. 39 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 This matter is now before the Court for consideration of Petitioner's motion for leave to proceed in forma pauperis on appeal. Petitioner's pro se petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging was denied on its merits, and a certificate of appealability was denied in the same order. Petitioner has filed a notice of appeal and a motion for leave to proceed on appeal in forma pauperis. The certificate of appealability was denied because "no reasonable jurist would find the denial of his claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). For the same reason, Petitioner's appeal is not taken in "good faith" and consequently leave to proceed on appeal in forma pauperis is DENIED. See 28 U.S.C. 1915(a)(3). IT IS SO ORDERED. DATED: 3/4/11 SAUNDRA BROWN ARMSTRONG United States District Judge v. A. HEDGPETH, Warden, Respondent. MICHAEL JAMES WRIGHT, Petitioner, ) ) ) ) ) ) ) ) ) ) No. C 08-2228 SBA (PR) ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (Docket No. 37) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 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 MICHAEL J WRIGHT, Case Number: CV08-02228 SBA Plaintiff, CERTIFICATE OF SERVICE v. A HEDGPETH et al, Defendant. / 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 March 4, 2011, 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. Michael J. Wright V-91600 Pleasant Valley State Prison 24863 W. Jayne Ave. P.O. Box 8503 Coalinga, CA 93210-8503 Dated: March 4, 2011 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk P:\PRO-SE\SBA\HC.08\Wright2228.AFP.wpd 2

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