Frantz v. Fisher, 1:17-cv-00995-JDP (HC). (2019)
Court: District Court, E.D. California
Number: infdco20190611712
Visitors: 9
Filed: Jun. 07, 2019
Latest Update: Jun. 07, 2019
Summary: ORDER DENYING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL AND MOTION FOR CERTIFICATE OF APPEALABILITY ECF Nos. 39, 40 JEREMY D. PETERSON , Magistrate Judge . Petitioner Karl Adolph Frantz, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. 2254. ECF No. 1. We have denied the petition, and petitioner appealed. ECF Nos. 35, 37. Petitioner has filed two motions: (1) a motion to proceed in forma pauperis on appeal, ECF No. 39; and (2) a motion fo
Summary: ORDER DENYING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL AND MOTION FOR CERTIFICATE OF APPEALABILITY ECF Nos. 39, 40 JEREMY D. PETERSON , Magistrate Judge . Petitioner Karl Adolph Frantz, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. 2254. ECF No. 1. We have denied the petition, and petitioner appealed. ECF Nos. 35, 37. Petitioner has filed two motions: (1) a motion to proceed in forma pauperis on appeal, ECF No. 39; and (2) a motion for..
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ORDER DENYING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL AND MOTION FOR CERTIFICATE OF APPEALABILITY
ECF Nos. 39, 40
JEREMY D. PETERSON, Magistrate Judge.
Petitioner Karl Adolph Frantz, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. We have denied the petition, and petitioner appealed. ECF Nos. 35, 37. Petitioner has filed two motions: (1) a motion to proceed in forma pauperis on appeal, ECF No. 39; and (2) a motion for a certificate of appealability, ECF No. 40. We will deny both motions.
We will deny both motions. Petitioner's motion to proceed in forma pauperis on appeal is denied as moot. The court authorized him to proceed in forma pauperis earlier in this case. ECF No. 3. Petitioner need not renew his motion for his appeal. See Fed. R. App. P. 24(a)(3) ("A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization . . . ."). We will deny petitioner's motion for a certificate of appealability for the same reason stated in our earlier order. See ECF No. 35 at 9-10.
Order
1. Petitioner's motion to proceed in forma pauperis on appeal, ECF No. 39, is denied.
2. Petitioner's motion for a certificate of appealability, ECF No. 40, is denied.
IT IS SO ORDERED.
Source: Leagle
