Mendoza v. Pollard et al

Filing 44

ORDER Granting 42 Motion for Leave to Proceed In forma Pauperis on Appeal. Signed by Judge Gonzalo P. Curiel on 11/18/21. (cc: Appeals clerk) (All non-registered users served via U.S. Mail Service)(dlg). (Modified on 11/18/2021: USCA Case Number 21-56255. Order electronically transmitted to the US Court of Appeals.) (akr).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROBERT A. MENDOZA,
Petitioner,

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Case No.: 3:20-cv-0847-GPC-RBB
ORDER GRANTING PETITIONER’S
AMENDED MOTION FOR LEAVE
TO PROCEED IN FORMA PAUERIS
ON APPEAL
[DKT. NO. 42.]

MARCUS POLLARD, Warden,

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Respondent.

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On June 24, 2021, the Court issued an order adopting report and recommendation

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granting motion to dismiss, denying motion for partial summary judgment and denying a

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certificate of appealability. (Dkt. No. 35.) The Clerk of Court issued judgment on the

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same day. (Dkt. No. 36.) On November 12, 2021, Petitioner filed a notice of appeal with

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the Ninth Circuit and a motion for leave to proceed in forma pauperis on appeal in this

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Court. (Dkt. No. 42.)

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Federal Rule of Appellate Procedure 24(a)(3) provides that a party who was

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“determined to be financially unable to obtain an adequate defense in a criminal case,”

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may proceed on appeal in forma pauperis without further authorization.” Fed. R. App. P.

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24(a)(3).

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Petitioner states he was represented by a public defender during his underlying

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3:20-cv-0847-GPC-RBB

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criminal trial. (Dkt. No. 40; Dkt. No. 1, Pet. at 651.) Because he was determined to be

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financially unable to obtain an adequate defense in his state court criminal trial, the Court

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GRANTS Petitioner’s motion for leave to proceed in forma pauperis on appeal.

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IT IS SO ORDERED.

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Dated: November 18, 2021

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Page numbers are based on the CM/ECF pagination.
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3:20-cv-0847-GPC-RBB