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Korolev v. Kirkland

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 27, 2008

SERGEI V. KOROLEV, PETITIONER,
v.
RICHARD KIRKLAND, RESPONDENT

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

ORDER GRANTING PETITIONER'S PETITIONER'S REQUEST TO PROCEED IN FORMA PAUPERIS ON MOTION FOR CERTIFICATE OF APPEALABILITY; GRANTING APPEAL

Before the Court is petitioners' "Motion for a Certificate of Appealability," filed June 13, 2008. Also before the Court is petitioner's "Notice of Previous Appointment of Counsel Pursuant to the Criminal Justice Act and Request for Confirmation of Leave to Proceed in Forma Pauperis on Appeal," also filed June 13, 2008, which the Court construes as a request to proceed in forma pauperis on appeal. Having read and considered the above-referenced filings, the Court rules as follows:

1. Petitioner is entitled to a certificate of appealability on the issue identified by petitioner, specifically, whether petitioner's petition for a writ of habeas corpus was timely filed in the district court.

2. Petitioner is entitled to proceed in forma pauperis on appeal. The Clerk is directed to send a copy of this order to the United States Court of Appeals for the Ninth Circuit.

IT IS SO ORDERED.

20080627

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