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Sharp v. Bick

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


May 28, 2009

ANTHONY A. SHARP, PETITIONER,
v.
JOSEPH A. BICK, ET AL., RESPONDENTS.

ORDER

Petitioner, a state prisoner proceeding pro se, sought relief pursuant to 28 U.S.C. § 2254. This action was terminated on April 28, 2008. On July 7, 2008, petitioner filed a notice of appeal. On July 15, 2008, petitioner's application for certificate of appealability was denied.

On May 15, 2008, petitioner filed an application to proceed in forma pauperis. On May 7, 2009, petitioner filed a motion to proceed in forma pauperis on appeal. Petitioner has demonstrated that he is unable to pay the requisite fee to file a notice of appeal from the judgment, and there is no indication petitioner is proceeding in bad faith. Accordingly, petitioner's application and motion to proceed in forma pauperis on appeal will be granted.*fn1

In accordance with the above, IT IS HEREBY ORDERED that petitioner's application and motion to proceed in forma pauperis on appeal are granted. See Fed. R. App. P. 24. (Docket Nos. 16 & 24.)


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