Tran v. Dickinson

Filing 15


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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 CUONG V. TRAN, 4 5 6 No. C 09-3993 CW (PR) Petitioner, ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL v. KATHLEEN DICKINSON, 7 (Docket no. 14) Respondent. 8 / 9 United States District Court For the Northern District of California 10 11 12 13 14 15 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. ยง 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 16 filing fee. Consequently, he requires permission to proceed IFP on 17 appeal because Rule 24(a)(3) of the Federal Rules of Appellate 18 Procedure, which provides that a party proceeding IFP in district 19 court may continue in that status on appeal unless the district 20 court certifies that the appeal is not taken in good faith, does 21 not apply. 22 support of his request, the Court finds he qualifies to proceed IFP 23 on appeal. Based on the documents submitted by Petitioner in Accordingly, the request is GRANTED. 24 This Order terminate Docket no. 14. 25 IT IS SO ORDERED. 26 27 28 Dated: 10/25/2011 CLAUDIA WILKEN United States District Judge 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 CUONG, Case Number: CV09-03993 CW 6 Plaintiff, CERTIFICATE OF SERVICE 7 8 9 v. TRAN-V-KATHLEEN DICKINSON et al, Defendant. / 10 11 12 13 14 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. 15 16 18 Cuong V. Tran F-92816 CMF Prison P.O. Box 2000 Vacaville, CA 95696-2000 19 Dated: October 25, 2011 17 20 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 21 22 23 24 25 26 27 28 2

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