Lincoln v. Beard

Filing 43

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRANCE RAY LINCOLN,
Petitioner,

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Case No. 15-cv-02686-HSG (PR)

v.
WILLIAM SULLIVAN, Warden,
Respondent.

ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS ON
APPEAL; DIRECTIONS TO CLERK
Re: Dkt. No. 42

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On June 16, 2015, petitioner, a California prisoner proceeding pro se, filed the above-titled

United States District Court
Northern District of California

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petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of a

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judgment obtained against him in state court. On March 7, 2017, the Court denied the petition on

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the merits and denied a certificate of appealability. On January 26, 2018, the Court granted

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petitioner an extension of time in which to file a notice of appeal, and petitioner filed his notice of

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appeal on February 16, 2018.

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Petitioner has filed an application to proceed in forma pauperis, which the Court construes

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as a motion to proceed in forma pauperis on appeal. In its order denying the petition, the Court

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declined to issue a certificate of appealability, thus determining there were no valid grounds for an

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appeal. Consequently, petitioner fails to show good cause to proceed in forma pauperis on appeal.

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Accordingly, the motion to proceed in forma pauperis on appeal is hereby DENIED.

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The Clerk shall send a copy of this order to petitioner and to the Ninth Circuit Court of

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Appeals, where petitioner may renew his motion. See Fed. R. App. P. 24(a).

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This order terminates Docket Number 42.

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IT IS SO ORDERED.

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Dated: 3/12/2018

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HAYWOOD S. GILLIAM, JR.
United States District Judge