Green v. McDaniel et al

Filing 90

ORDER that Petitioner's application for leave to proceed in forma pauperis (ECF No. 89 ) is denied as moot. Signed by Judge Miranda M. Du on 1/3/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMES GREEN,

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Case No. 3:11-cv-00230-MMD-CBC
Petitioner,

v.

ORDER

RENEE BAKER, et al.,
Respondents.

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This pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 was

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denied on the merits, and Petitioner has appealed. Following his notice of appeal,

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petitioner filed an application for leave to proceed in forma pauperis, presumably pursuant

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to Federal Rule of Appellate Procedure 24. As the Court has already granted Petitioner

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leave to proceed in forma pauperis in this action and has not revoked that status for the

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purposes of appeal, the application is unnecessary. Petitioner will be allowed to proceed

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in forma pauperis on appeal pursuant to Rule 24(a)(3).

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It is therefore ordered that Petitioner’s application for leave to proceed in forma
pauperis (ECF No. 89) is denied as moot.

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DATED THIS 3rd day of January 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE