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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1 **E-Filed 11/28/2011** 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 For the Northern District of California IN THE UNITED STATES DISTRICT COURT 9 United States District Court 8 SAN JOSE DIVISION 11 12 Petitioner, 13 14 15 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. 16 [re: dkt. entry 32] 17 18 19 Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of habeas 20 corpus pursuant to 28 U.S.C. § 2254 in which he challenged his conviction of first degree murder, 21 second degree burglary, and assault. The petition was denied as untimely. Petitioner has filed a 22 motion for leave to proceed in forma pauperis on appeal. Pursuant to Federal Rule of Appellate 23 24 Procedure 24(a)(1), Petitioner’s request to appeal in forma pauperis is GRANTED. 25 26 27 28 DATED: 11/28/2011 __________________________________ JEREMY FOGEL United States District Judge

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