Sanz De La Rosa v. Stone

Filing 21

FRAP ORDER denying petitioner leave to proceed on appeal in-forma pauperis. Signed by Judge Dudley H. Bowen on 4/26/16. (cmr)

ORIGINAL
FILED

U.S.D!ST;^iCTGQURT

United States District Court
Southern District ofGeorgia

DIV.

20t&APR26 PM 2:314

Dublin Division

CLERK

SO.OIST. OFGA.

JAIRO RAFAEL SANZ DE LA

ROSA,
VS

CASE NUMBER

STAGEY N. STONE, Warden,

USCA NUMBER

16-11173-B

FOR USE IN HABEAS CORPUS CASES
(28 U.S.C.§ 2254 / 2255])354

CERTIFICATION AND ORDER

ELIGIBILITY TO PROCEED ON APPEAL IN FORMA PAUPERIS

I.

Eligibility to proceed on appeal in forma pauperis
A.

Petitioner in this case was permitted to proceed in the
District Court in forma pauperis. Pursuant to 28 U.S.C. §

1915 and Fed. R. App. P. 24 (a), Petitioner may proceed on
appeal in forma pauperis UNLESS this Court certifies that
the appeal is not taken in good faith or otherwise finds
that Petitioner is not entitled to so proceed.

□

In accordance with the foregoing,
Petitioner
entitled to proceed on appeal in forma pauperis.

0

For the following reason(s),
taken in good faith ( AND
otherwise

is

not

forma pauperis:

is

this appeal is not
/ OR ) Petitioner
entitled to proceed on appeal in

(OR) B.

Petitioner

has

filed

with

this

Court

a

motion

to

proceed on appeal in forma pauperis.
Pursuant to 28
U.S.C. § 1915 and Fed. R. App. P. 24(a), this Court
hereby

I I GRANTS the motion to proceed in forma pauperis on
appeal,

I I DENIES the motion to proceed in forma pauperis on
appeal for the following reason(s):

□ This Court CERTIFIES because appeal is not
that the
taken in good faith

□

□

II.

Petitioner has

failed to submit the

Other:

required by 28 U.S.C. § 1915

(a)

affidavit

(1) .

Certificate of Appealability / Probable Cause to Appeal
A.
Petition filed on or after April 24, 1996 (pursuant to
either to 28 U.S.C.

§ 2254

or § 2255)

Pursuant to 28 U.S.C. § 2253(c) , an appeal may
not be taken in this matter unless the Court issues a

Certificate of Appealability.
This certificate may
issue only if Petitioner has made a substantial
showing of denial of a constitutional right, and (if

granted) the certificate must indicate which specific
issue or issues satisfy this showing.
In accordance
with the foregoing, a Certificate of Appealability is
hereby

□

GRANTED

\X\

DENIED

for the following reasons and
respect to the following issues:

(OR) B.

if

granted)

with

Section 2254 petition filed prior to April 24/ 1996
An appeal may not be taken in this matter unless
the Court issues a Certificate of Probable Cause for

appeal. This certificate may issue only if Petitioner
statisfies the showing required for a certificate of
appealability as set forth above. In accordance with
the foregoing, a Certificate of Probable Cause for
Appeal is hereby

I I GRANTED

III.

I I DENIED

Transcripts of Proceedings

This Court will not presently require the preparation
of a transcript or the payment therefor by the United
States. To the extent that a transcript of any portion
of the District Court proceedings is required, the

Court of Appeals may more economically direct which
proceedings it requires to be transcribed.

□

The Court Reporter shall transcribe the proceedings as
requested by the party proceeding in forma pauperis
and the United States shall bear the expense.

SO ORDERED,

this

day of

/

2016.

JUETGE, UNITED ^TATES DISTRICT -et5URT
SOUTHERN -District of Georgia