Harvey v. USA

Filing 7

ORDER on Motions for Leave to Appeal In Forma Pauperis and Motion for Extension of Time to Apply for Certificate of Appealability. Signed by Judge Ronald M. Whyte on 6/22/11. (jg, COURT STAFF) (Filed on 6/22/2011)

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*E-FILED - 6/22/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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EDWARD HARVEY,

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Plaintiff,

No. C-10-00019 RMW
Related Criminal Case: No. CR-05-00373
RMW

v.
UNITED STATES OF AMERICA,

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Defendant.

ORDER ON MOTIONS FOR LEAVE TO
APPEAL IN FORMA PAUPERIS AND
MOTION FOR EXTENSION OF TIME TO
APPLY FOR CERTIFICATE OF
APPEALABILITY

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[Re Docket Nos. 131 and 132 (Action No.
CR-05-00373 RMW)]

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Defendant Edward Harvey seeks to appeal the denial of his Section 2255 motion and
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requests
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that he be given in forma pauperis status. The district court refused to issue a certificate of
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appealability. Harvey seeks an extension of time in which to request a certificate from the court of
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appeal. Since he has filed a notice of appeal, that is deemed a request for a certificate of
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appealability. Fed. R. App. Proc. 22(b)(2). His request to appeal in forma pauperis is denied
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without prejudice to a request to the court of appeal if he is granted a certificate of appealability.
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DATED:

6/22/11
RONALD M. WHYTE
United States District Judge

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ORDER ON MOTIONS FOR EXTENSION AND IFP STATUS
NO. CR-05-00373-RMW

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Copy of Order electronically mailed to:

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Counsel for the Government:

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Shawna Yen

[e-mail]

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Copy of Ordered mailed to:

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Edward Harvey
c/o F.C.I. Loretto
#39728-039
Federal Correction Institution
P.O. Box 1000
Loretto, PA 15940

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Counsel are responsible for distributing copies of this document to co-counsel that have not
registered for e-filing under the court's CM/ECF program.

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Dated: 6/22/11
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__________________________________
Chambers of Judge Whyte

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ORDER ON MOTIONS FOR EXTENSION AND IFP STATUS
NO. CR-05-00373-RMW

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