Bonds v. Glebe

Filing 31

ORDER granting 30 Motion for Leave to Appeal in forma pauperis; signed by Judge Ronald B. Leighton.**2 PAGE(S), PRINT ALL**(Andre Bonds, Prisoner ID: 965879)(DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANDRE L BONDS,

CASE NO. C15-5204 RBL

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Petitioner,
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ORDER GRANTING MOTION FOR
LEAVE TO APPEAL IFP

v.
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[DKT. #30]
PATRICK GLEBE,

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Respondent.
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THIS MATTER is before the Court on Petitioner Bonds’ Motion for Leave to Appeal in

15 forma pauperis. [Dkt. #30] This Court must determine whether his appeal is frivolous or taken in
16 bad faith. See 28 U.S.C. § 1915(c).
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This Court adopted [Dkt. #26] Magistrate Judge Strombom’s Report [Dkt. #22]

18 recommending denial of Bonds’ petition for habeas relief, because he failed to show that the
19 state court’s rulings violated clearly established federal law. This Court also adopted the
20 Magistrate Judge’s recommendation to DENY Bond a certificate of appealability because he did
21 not make a substantial showing that he was denied a constitutional right.
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A court should “deny leave to proceed in forma pauperis if it appears from the face of the

23 proposed complaint that the action is frivolous or without merit.” Tripati v. First Nat’l Bank &
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ORDER GRANTING MOTION FOR LEAVE TO
APPEAL IFP - 1

1 Trust, 821 F.2d 1368, 1369 (9th Cir. 1987) (citations omitted); see also 28 U.S.C.
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1915(e)(2)(B)(i). While Bonds’ claims are not viable, it cannot be said that they are frivolous, or

3 that he is acting in bad faith. His Motion [Dkt. #30] is therefore GRANTED; he shall be
4 permitted to appeal in forma pauperis.
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IT IS SO ORDERED.

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Dated this 11th day of February, 2016.

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A

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Ronald B. Leighton
United States District Judge

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[DKT. #30] - 2