Hayter v. Clark

Filing 35

ORDER GRANTING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (granting 32 ). Signed by Judge Jeremy Fogel on 11/28/2011. (jflc2, COURT STAFF) (Filed on 11/28/2011)

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**E-Filed 11/28/2011**

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

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United States District Court

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SAN JOSE DIVISION

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Petitioner,

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Case Number 5:09-cv-00457-JF

CLIFFORD HAYTER,

v.

ORDER GRANTING PETITIONER’S
MOTION TO PROCEED IN FORMA
PAUPERIS ON APPEAL

KEN CLARK, Warden,
Respondent.

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[re: dkt. entry 32]

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

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corpus pursuant to 28 U.S.C. § 2254 in which he challenged his conviction of first degree murder,

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second degree burglary, and assault. The petition was denied as untimely. Petitioner has filed a

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motion for leave to proceed in forma pauperis on appeal. Pursuant to Federal Rule of Appellate

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Procedure 24(a)(1), Petitioner’s request to appeal in forma pauperis is GRANTED.

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DATED: 11/28/2011

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JEREMY FOGEL
United States District Judge