Jones v. Davey

Filing 21

ORDER DENYING 20 LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL; DIRECTIONS TO CLERK. Signed by Judge Haywood S. Gilliam, Jr. on 11/9/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 11/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAMON L. JONES,
Petitioner,

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Case No. 16-cv-05239-HSG (PR)

v.
DAVE DAVEY, Warden,
Respondent.

ORDER DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS ON
APPEAL; DIRECTIONS TO CLERK
Re: Dkt. No. 20

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On September 13, 2016, petitioner, a California prisoner proceeding pro se, filed the

United States District Court
Northern District of California

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

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validity of a judgment obtained against him in state court. On August 8, 2017, the Court

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dismissed the petition as untimely and denied a certificate of appealability. On September 15,

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2017, the Court granted petitioner an extension of time in which to file a notice of appeal, and

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petitioner filed his notice of appeal on October 6, 2017.

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Petitioner has filed his prison trust account statement, which the Court construes as a

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

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declined to issue a certificate of appealability and determined 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 20.

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IT IS SO ORDERED.

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Dated: 11/9/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge