Abreu v. Trump et al

Filing 9

ORDER by Judge Haywood S. Gilliam, Jr. Denying 8 Motion for Leave to Appeal in forma pauperis. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 8/22/2017) Modified on 8/22/2017 (vlk, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARMANDO ABREU,
Petitioner,

United States District Court
Northern District of California

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Case No. 17-cv-02438-HSG (PR)
ORDER DENYING MOTION FOR
LEAVE TO PROCEED IFP ON APPEAL

v.
DONALD TRUMP, et al.,

Re: Dkt. No. 8

Respondents.

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Petitioner, a prisoner of the State of California proceeding pro se, filed a petition for a writ

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of habeas corpus under 28 U.S.C. § 2254, asking the court to compel his deportation to Mexico as

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well as to modify his sentence. Upon initial review of the petition under Rule 4 of the Rules

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Governing Section 2254 Cases, the Court dismissed the petition based on lack of jurisdiction and

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failure to state a claim. The Court also denied a certificate of appealability.

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Petitioner has filed a notice of appeal as well as an application to proceed with that appeal

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in forma pauperis (“IFP”). An appeal may not be taken IFP if the district court certifies that the

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appeal is not taken in good faith. 28 U.S.C. § 1915(a)(3). The Court certifies that any appeal

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taken from the order of dismissal and judgment of this action will not be taken in good faith and is

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therefore frivolous.

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The Clerk shall forthwith notify petitioner and the Court of Appeals of this order. See

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FRAP 24(a)(4). Petitioner may file a motion for leave to proceed IFP on appeal in the Court of

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Appeals within thirty days after service of notice of this order. See FRAP 24(a)(5). Any such

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motion “must include a copy of the affidavit filed in the district court and the district court’s

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statement of reasons for its action.” Id.

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This order terminates Docket. No. 8.

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IT IS SO ORDERED.

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Dated: 8/22/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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