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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 DAMON L. JONES, Petitioner, 5 6 7 8 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 9 10 On September 13, 2016, petitioner, a California prisoner proceeding pro se, filed the United States District Court Northern District of California 11 above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254, challenging the 12 validity of a judgment obtained against him in state court. On August 8, 2017, the Court 13 dismissed the petition as untimely and denied a certificate of appealability. On September 15, 14 2017, the Court granted petitioner an extension of time in which to file a notice of appeal, and 15 petitioner filed his notice of appeal on October 6, 2017. 16 Petitioner has filed his prison trust account statement, which the Court construes as a 17 motion to proceed in forma pauperis on appeal. In its order dismissing the petition, the Court 18 declined to issue a certificate of appealability and determined there were no valid grounds for an 19 appeal. Consequently, petitioner fails to show good cause to proceed in forma pauperis on appeal. 20 Accordingly, the motion to proceed in forma pauperis on appeal is hereby DENIED. 21 The Clerk shall send a copy of this order to petitioner and to the Ninth Circuit Court of 22 Appeals, where petitioner may renew his motion. See Fed. R. App. P. 24(a). 23 This order terminates Docket Number 20. 24 IT IS SO ORDERED. 25 Dated: 11/9/2017 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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