Gomez v. Scribner

Filing 36

ORDER denying 32 Motion for Certificate of Appealability; denying without prejudice 33 Motion for Leave to Appeal in forma pauperis. This Court has fully reviewed the legal issues raised by Petitioner and concludes that the claims are not debatab le among jurists and do not deserve further encouragement. The Court denies Petitioner's Application for Certificate of Appealability. The Court denies Petitioner's Motion for Leave to Appeal IFP without prejudice. The Clerk of the Court shall provide Petitioner with the Federal Rules of Appellate Procedure's Form 4-Affidavit Accompanying Motion for Permission to Appeal in Forma Pauperis. Signed by Judge Roger T. Benitez on 2/1/2009. (cc: US Court of Appeals). (Form 4 sent to Petitioner). (All non-registered users served via U.S. Mail Service). (akr)

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