Diaz v. Campbell

Filing 25

ORDER by Judge Ronald M. Whyte Granting 22 Motion for Leave to Appeal in Forma Pauperis; Denying 23 Motion for Appointment of Counsel. (jg, COURT STAFF) (Filed on 1/30/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

*E-FILED - 1/30/09*

JESUS ORNELAS DIAZ, Petitioner, vs. ROSEANNE CAMPBELL, Warden, Respondent.

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No. C 06-6370 RMW (PR) ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS; DENYING MOTION FOR APPOINTMENT OF COUNSEL (Docket Nos. 22, 23)

Petitioner, a state prisoner proceeding pro se, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court granted respondent's motion to dismiss the petition based on timeliness grounds. Petitioner filed a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c), which the court denied on January 15, 2009. Because the appeal is taken in good faith and because of petitioner's lack of funds, see 28 U.S.C. § 1915(a)(3), petitioner's request to appeal in forma pauperis is hereby GRANTED. Petitioner's request for appointment of counsel on appeal is DENIED without prejudice to petitioner's requesting such appointment in the Court of Appeals. This order terminates docket nos. 22 & 23. IT IS SO ORDERED.

1/30/09 DATED: _______________

RONALD M. WHYTE United States District Judge

Order Granting Petitioner's Motion for Leave to Appeal In Forma Pauperis; Denying Motion for Appointment of Counsel 1 P:\PRO-SE\SJ.Rmw\HC.06\Diaz370ifpatty.wpd