Lincoln v. Beard
ORDER by Judge Haywood S. Gilliam, Jr. DENYING 42 MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL; DIRECTIONS TO CLERK. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 3/12/2018)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
TERRANCE RAY LINCOLN,
Case No. 15-cv-02686-HSG (PR)
WILLIAM SULLIVAN, Warden,
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS ON
APPEAL; DIRECTIONS TO CLERK
Re: Dkt. No. 42
On June 16, 2015, petitioner, a California prisoner proceeding pro se, filed the above-titled
United States District Court
Northern District of California
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of a
judgment obtained against him in state court. On March 7, 2017, the Court denied the petition on
the merits and denied a certificate of appealability. On January 26, 2018, the Court granted
petitioner an extension of time in which to file a notice of appeal, and petitioner filed his notice of
appeal on February 16, 2018.
Petitioner has filed an application to proceed in forma pauperis, which the Court construes
as a motion to proceed in forma pauperis on appeal. In its order denying the petition, the Court
declined to issue a certificate of appealability, thus determining there were no valid grounds for an
appeal. Consequently, petitioner fails to show good cause to proceed in forma pauperis on appeal.
Accordingly, the motion to proceed in forma pauperis on appeal is hereby DENIED.
The Clerk shall send a copy of this order to petitioner and to the Ninth Circuit Court of
Appeals, where petitioner may renew his motion. See Fed. R. App. P. 24(a).
This order terminates Docket Number 42.
IT IS SO ORDERED.
HAYWOOD S. GILLIAM, JR.
United States District Judge
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