Pena v. Hartley et al

Filing 31

MINUTE ORDER denying 26 MOTION for Certificate of Appealability (Titled as an Application for Certificate of Appealability) and 27 MOTION for Leave to Proceed on Appeal Under 28 U.S.C. 1915 28 Notice of Appeal by Judge Wiley Y. Daniel on 7/3/13.(dbrow, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01363-WYD
JOSE ARTURO PENA,
Applicant,
v.
S. HARTLEY, Warden, Arkansas Valley Corr. Fac., and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
This matter is before me on the Motion for Certificate of Appealability,
characterized as an Application for Certificate of Appealability (ECF No. 26), and
Prisoner’s Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. §
1915 and Fed. R. App. P. 24 in a Habeas Corpus Action, characterized as a Motion for
Leave to Proceed In Forma Pauperis on Appeal (ECF No. 27), that Applicant filed on
July 2, 2013. The motions are DENIED as moot because the Order Denying 28 U.S.C.
§ 2254 Application (ECF No. 24) entered on May 28, 2013, already denied a certificate
of appealability and leave to proceed in forma pauperis on appeal. ECF No. 24 at 3536.
Dated: July 3, 2013