Brown v. Muniz, 14-cv-04497-YGR (PR). (2016)
Court: District Court, N.D. California
Number: infdco20160506a52
Visitors: 8
Filed: May 05, 2016
Latest Update: May 05, 2016
Summary: ORDER GRANTING PETITIONER'S REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL; AND DENYING HIS MOTION FOR APPOINTMENT OF COUNSEL ON APPEAL YVONNE GONZALEZ ROGERS , District Judge . Petitioner in this pro se habeas case filed a notice of appeal from the dismissal of his petition as a successive petition pursuant to 28 U.S.C. 2244(b). The Court has issued a certificate of appealability ("COA"). Dkt. 30 at 7-8. He now seeks leave to proceed in forma pauperis ("IFP") on appeal, and mov
Summary: ORDER GRANTING PETITIONER'S REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL; AND DENYING HIS MOTION FOR APPOINTMENT OF COUNSEL ON APPEAL YVONNE GONZALEZ ROGERS , District Judge . Petitioner in this pro se habeas case filed a notice of appeal from the dismissal of his petition as a successive petition pursuant to 28 U.S.C. 2244(b). The Court has issued a certificate of appealability ("COA"). Dkt. 30 at 7-8. He now seeks leave to proceed in forma pauperis ("IFP") on appeal, and move..
More
ORDER GRANTING PETITIONER'S REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL; AND DENYING HIS MOTION FOR APPOINTMENT OF COUNSEL ON APPEAL
YVONNE GONZALEZ ROGERS, District Judge.
Petitioner in this pro se habeas case filed a notice of appeal from the dismissal of his petition as a successive petition pursuant to 28 U.S.C. § 2244(b). The Court has issued a certificate of appealability ("COA"). Dkt. 30 at 7-8. He now seeks leave to proceed in forma pauperis ("IFP") on appeal, and moves for appointment of counsel on appeal. Dkt. 32.
28 U.S.C. § 1915(a)(3) provides that an appeal may not be taken IFP if the district court certifies that it is taken in bad faith. The reasons set out in the Order Granting Respondent's Renewed Motion to Dismiss Petition as Successive; and Granting Certificate of Appealability explain why this appeal is taken in good faith. Accordingly, his request to proceed IFP on appeal (dkt. 32) is GRANTED.
Petitioner's motion for appointment of counsel on appeal (dkt. 32) is DENIED without prejudice to renewing it in the Ninth Circuit Court of Appeals if that court issues a COA.
The Clerk of the Court shall serve notice of this Order to the Ninth Circuit, as well as to the parties. See Fed. R. App. P. 24(a).
This Order terminates Docket No. 32.
IT IS SO ORDERED.
Source: Leagle
