Jackson v. Executive Director of the Department of Corrections of California
Filing
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ORDER re 20 MOTION for Leave to Appeal in forma pauperis filed by John H. Jackson. Signed by Judge ARMSTRONG on 6/20/12. (lrc, COURT STAFF) (Filed on 6/21/2012)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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JOHN HARDY JACKSON,
Case No: C 08-02254 SBA
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Petitioner,
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vs.
ORDER GRANTING PLAINTIFF’S
MOTION TO PROCEED IN
FORMA PAUPERIS ON APPEAL
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EXECUTIVE DIRECTOR OF THE
Dkt. 20
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CALIFORNIA,
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Respondent.
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Through counsel, Petitioner John Hardy Jackson (“Jackson”) filed a petition for a
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writ of habeas corpus pursuant to 28 U.S.C. § 2254, seeking to challenge his 2006
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California state conviction for child molestation. On September 30, 2011, the Court denied
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the petition and entered judgment for Respondent. Dkt. 17, 18. The Court declined to issue
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a certificate of appealability. Dkt. 17 at 16.
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On November 14, 2011, Petitioner’s counsel filed a notice of appeal and a request to
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proceed in forma pauperis “(IFP”) on appeal. Under the IFP statute, “an appeal may not be
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taken in forma pauperis if the trial court certifies in writing that it is not taken in good
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faith.” 28 U.S.C. § 1915(a)(3). “The good faith requirement is satisfied if the petitioner
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seeks review of any issue that is ‘not frivolous.’” Gardner v. Pogue, 558 F.2d 548, 551 (9th
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Cir. 1977) (noting that the test for obtaining a certificate of probable cause (now referred to
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as a certificate of appealability) is “stricter” than a request to proceed IFP on appeal). For
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purposes of section 1915, an appeal is frivolous if it lacks any “arguable basis in law or
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fact.” See Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d
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1221, 1225 (9th Cir. 1984). Here, the Court has found that none of Petitioner’s claims have
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merit. Nonetheless, the Court cannot conclude that his claims are “frivolous” under
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Neitzke. Accordingly,
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IT IS HEREBY ORDERED THAT Petitioner’s request to proceed in forma pauperis
on appeal is GRANTED.
IT IS SO ORDERED.
Dated: June 20, 2012
_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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