Braunstein v. State Of Nevada et al

Filing 123

ORDER Granting 119 Motion for Leave to Proceed In Forma Pauperis on Appeal. IT IS FURTHER ORDERED that 118 Motion to Appoint Counsel and 120 Motion for Certificate of Appealability re 121 Notice of Appeal are DENIED. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Signed by Chief Judge Roger L. Hunt on 8/4/10. (Copies have been distributed pursuant to the NEF - EDS)

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Braunstein v. State Of Nevada et al Doc. 123 1 2 3 4 5 6 7 8 9 10 11 12 Respondents. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This action proceeds on a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254, by petitioner Steven Braunstein, a Nevada prisoner. Before the Court is petitioner's post denial motion for appointment of counsel (docket #118), motion to proceed in forma pauperis (docket #119) and motion for certificate of appealability (docket #120). While petitioner paid the $5 filing fee to proceed in this action, a review of his current financial circumstances establishes that he does not have the funds available to pay the filing fee to proceed on appeal. Thus, his application to proceed in forma pauperis [on appeal] shall be granted. His motion for appointment of counsel on appeal shall also be denied by this court without prejudice to renew to the court of appeals. The court has previously considered and denied such a motion for counsel and finds that the circumstances are not sufficiently altered to warrant a change in that determination. Finally, the motion for certificate of appealability shall be denied as moot. The court vs. STATE OF NEVADA, et al., STEVEN BRAUNSTEIN, Petitioner, ) ) ) ) ) ) ) ) ) ) / UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2:07-cv-0014-RLH-GWF ORDER Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 has already determined the issue in its decision entered on July 6, 2010 (docket #115). IT IS THEREFORE ORDERED that the motion to proceed in forma pauperis [on appeal] (docket #119) is GRANTED. IT IS FURTHER ORDERED that the motion for appointment of counsel (docket #118) and the motion for certificate of appealability (docket #120) are DENIED. DATED this 4th day of August, 2010. CHIEF UNITED STATES DISTRICT JUDGE 2

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