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Anthony v. Bauman, 2:10-CV-13312. (2016)

Court: District Court, E.D. Michigan Number: infdco20160411557 Visitors: 4
Filed: Apr. 08, 2016
Latest Update: Apr. 08, 2016
Summary: OPINION AND ORDER DENYING AS MOOT THE MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL DENISE PAGE HOOD , Chief District Judge . On December 31, 2015, this Court denied the petition for writ of habeas corpus brought pursuant to 28 U.S.C. 2254, denied petitioner a certificate of appealability, but granted petitioner leave to appeal in forma pauperis. Petitioner has now filed a motion to proceed in forma pauperis on appeal. This Court has already granted petitioner leave to appeal in fo
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OPINION AND ORDER DENYING AS MOOT THE MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL

On December 31, 2015, this Court denied the petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254, denied petitioner a certificate of appealability, but granted petitioner leave to appeal in forma pauperis. Petitioner has now filed a motion to proceed in forma pauperis on appeal.

This Court has already granted petitioner leave to appeal in forma pauperis; it is unnecessary for petitioner to again obtain permission to proceed in forma pauperis on appeal. Petitioner's current motion to proceed in forma pauperis on appeal [Dkt. # 35] will therefore be denied as moot. See McMillan v. McKune, 16 Fed.Appx. 896, 897 (10th Cir. 2001).

Source:  Leagle

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