Tran v. Dickinson

Filing 15

ORDER by Judge Claudia Wilken GRANTING PETITIONER 14 LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL. (ndr, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CUONG V. TRAN,

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No. C 09-3993 CW (PR)

Petitioner,

ORDER GRANTING PETITIONER
LEAVE TO PROCEED IN FORMA
PAUPERIS ON APPEAL

v.
KATHLEEN DICKINSON,

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(Docket no. 14)

Respondent.

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/

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United States District Court
For the Northern District of California

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On August 9, 2011, the Court denied on the merits Petitioner's
pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254
and also denied a certificate of appealability.

Petitioner has

filed a notice of appeal and a request for leave to proceed in
forma pauperis (IFP) on appeal.
Upon filing this action, Petitioner paid the district court

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filing fee.

Consequently, he requires permission to proceed IFP on

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appeal because Rule 24(a)(3) of the Federal Rules of Appellate

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Procedure, which provides that a party proceeding IFP in district

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court may continue in that status on appeal unless the district

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court certifies that the appeal is not taken in good faith, does

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not apply.

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support of his request, the Court finds he qualifies to proceed IFP

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on appeal.

Based on the documents submitted by Petitioner in

Accordingly, the request is GRANTED.

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This Order terminate Docket no. 14.

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IT IS SO ORDERED.

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Dated: 10/25/2011
CLAUDIA WILKEN
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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CUONG,
Case Number: CV09-03993 CW

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Plaintiff,
CERTIFICATE OF SERVICE

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v.
TRAN-V-KATHLEEN DICKINSON et al,
Defendant.

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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 October 25, 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.

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Cuong V. Tran F-92816
CMF Prison
P.O. Box 2000
Vacaville, CA 95696-2000

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Dated: October 25, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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