Hernandez v. Quarterman

Filing 81

ORDER GRANTING 79 Motion to proceed In Forma Pauperis on Appeal as supplemented by pleading 80 Motion to supplement. Signed by Judge Xavier Rodriguez. (kh, )

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
RAMIRO HERNANDEZ a/k/a
RAMIRO HERNANDEZ LLANAS,
TDCJ No. 999342,
Petitioner,
V.
RICK THALER, Director,
Texas Department of Criminal
Justice, Correctional
Institutions Division,
Respondent.

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CIVIL NO. SA-08-CA-805-XR

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
The matters before the Court are petitioner’s motion for
leave to proceed in forma pauperis on appeal, filed Match 6,
2012, docket entry no. 79, and petitioner’s supplement to his
motion for leave to proceed in forma pauperis on appeal, filed
Match 7, 2012, docket entry no. 80.
Petitioner’s certified inmate trust account statement
demonstrates petitioner currently lacks sufficient financial
resources to pay the appellate filing fee in this cause.
In this Court’s Memorandum Opinion and Order issued
September 23, 2011, docket entry no. 68, this Court denied
petitioner federal habeas corpus relief but granted petitioner a
Certificate of Appealability on his Atkins claim. HernandezLlanas v. Thaler, 4437091 (W.D. Tex. September 23, 2011).

In his

Notice of Appeal, filed March 6, 2012, petitioner indicates his

intention to seek Fifth Circuit review of this court’s denial of
petitioner’s Atkins claim.

Thus, petitioner’s appeal contains at

least one non-frivolous issue.

Therefore, petitioner is entitled

to proceed in forma pauperis on appeal in accordance with Rule
24(a), Federal Rules of Appellate Procedure.
According, it is hereby ORDERED that petitioner’s motion for
leave to proceed in forma pauperis on appeal, filed Match 6,
2012, docket entry no. 79, as supplemented by petitioner’s
pleading filed Match 7, 2012, docket entry no. 80, is GRANTED.
It is so ORDERED.
SIGNED this 12 day of March, 2012.

_________________________________
XAVIER RODRIGUEZ
UNITED STATES DISTRICT JUDGE

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