Liebb v. Cullen

Filing 16

ORDER by Judge Claudia Wilken DENYING 15 LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL.(ndr, COURT STAFF) (Filed on 3/31/2011)

Liebb v. Cullen

Doc. 16

1 2 3 4 STEPHEN LIEBB,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 10-02377 CW (PR) ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

Petitioner, 5 v. 6 VINCENT CULLEN, Acting Warden, 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 Respondent. /

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 as a violation of his constitutional rights the 2009 denial of parole by the California Board of Parole Hearings -- 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 in forma pauperis on appeal. The certificate of

appealability was denied because the Court found that "it cannot be said that 'reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.'" (Feb. 7, 2011 Order at 3 (quoting 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 in forma pauperis on appeal is DENIED. See 28 U.S.C. § 1915(a)(3).

This Order terminates Docket no. 15. IT IS SO ORDERED. Dated: 3/31/2011 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Dockets.Justia.com

1 2 3 STEPHEN LIEBB, 4 Plaintiff, 5 v. 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV10-02377 CW CERTIFICATE OF SERVICE VINCENT CULLEN et al,

7 Defendant. 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 2 Stephen Liebb C-60825 San Quentin State Prison San Quentin, CA 94974 Dated: March 31, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk /

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 31, 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.