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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 ARMANDO ABREU, Petitioner, United States District Court Northern District of California 11 12 13 14 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. 15 16 Petitioner, a prisoner of the State of California proceeding pro se, filed a petition for a writ 17 of habeas corpus under 28 U.S.C. § 2254, asking the court to compel his deportation to Mexico as 18 well as to modify his sentence. Upon initial review of the petition under Rule 4 of the Rules 19 Governing Section 2254 Cases, the Court dismissed the petition based on lack of jurisdiction and 20 failure to state a claim. The Court also denied a certificate of appealability. 21 Petitioner has filed a notice of appeal as well as an application to proceed with that appeal 22 in forma pauperis (“IFP”). An appeal may not be taken IFP if the district court certifies that the 23 appeal is not taken in good faith. 28 U.S.C. § 1915(a)(3). The Court certifies that any appeal 24 taken from the order of dismissal and judgment of this action will not be taken in good faith and is 25 therefore frivolous. 26 The Clerk shall forthwith notify petitioner and the Court of Appeals of this order. See 27 FRAP 24(a)(4). Petitioner may file a motion for leave to proceed IFP on appeal in the Court of 28 Appeals within thirty days after service of notice of this order. See FRAP 24(a)(5). Any such 1 motion “must include a copy of the affidavit filed in the district court and the district court’s 2 statement of reasons for its action.” Id. 3 This order terminates Docket. No. 8. 4 IT IS SO ORDERED. 5 Dated: 8/22/2017 6 7 HAYWOOD S. GILLIAM, JR. United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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