Fleming v. Glebe

Filing 22

ORDER denying 19 Motion for Leave to Appeal in forma pauperis, signed by Judge Ronald B. Leighton.(DN) Modified on 9/7/2010 (DN). Copy of Order mailed to plaintiff by regular mail.

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ORDER Page - 1

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA JAMES T. FLEMING, Petitioner, v. PAT GLEBE, Respondent. Case No. C10-5213RBL ORDER

THIS MATTER comes on before the above-entitled Court upon Petitioner's Motion to Proceed In Forma Pauperis on Appeal [Dkt. #19]. Having considered the entirety of the records and file herein, the Court finds and rules as follows: Petitioner's Motion fails for two reasons: one, the Motion does not indicate what issue or issues the Petitioner plans to present on appeal and is thereby not in conformity with Fed. R. App. P. 24 (a)(1)(C); and, two, the Court previously determined that the Petitioner's appeal lacks merit when the Court denied a certificate of appealability under 28 U.S.C. § 2253(c)(2). Therefore, Petitioner's Motion to Proceed In Forma Pauperis on Appeal [Dkt. #19] is DENIED. IT IS SO ORDERED.

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The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se. Dated this 7th day of September, 2010.

A

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

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