Garcia v. McDowell

Filing 96

ORDER DENYING MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS by Judge Beth Labson Freeman. Denying 95 Motion for Leave to Appeal in forma pauperis. (tsh, COURT STAFF) (Filed on 5/11/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 5/11/2023: # 1 Certificate/Proof of Service) (tsh, COURT STAFF).

Case 5:16-cv-05301-BLF Document 96 Filed 05/11/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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ESEQUIEL “PAUL” GARCIA,
Petitioner,

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ORDER DENYING MOTION FOR

LEAVE TO APPEAL IN FORMA
PAUPERIS

v.

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Case No. 16-cv-05301 BLF (PR)

NEIL MCDOWELL, Warden,

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Respondent.

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(Docket No. 95)

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

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corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction. April 14, 2023, the

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Court denied the second amended petition on the merits and entered judgment in favor of

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Respondent. Dkt. Nos. 87, 88. On April 19, 2023, Petitioner filed a notice of appeal, Dkt.

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No. 90, and then a motion for reconsideration, Dkt. No. 93. Most recently on May 1,

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2023, Petitioner filed a motion for leave to proceed in forma pauperis on appeal. Dkt. No.

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95.

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Petitioner was not granted pauper status in the instant action as he paid the full
filing fee. See Dkt. Nos. 10, 22. Accordingly, Petitioner’s motion for leave to proceed in
forma pauperis on appeal is DENIED without prejudice to bringing it directly in the Ninth
Circuit for an independent review of the record to determine whether the appeal is

Case 5:16-cv-05301-BLF Document 96 Filed 05/11/23 Page 2 of 2

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frivolous.

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The Clerk shall forward a copy of this order to the Ninth Circuit Court of Appeals.

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This order terminates Docket No. 95.

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IT IS SO ORDERED.

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Dated: ___May 11, 2023_____

________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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Order Denying IFP on Appeal
P:\PRO-SE\BLF\HC.16\05301Garcia_ifp-app.docx

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