Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Taylor v. Dickenson

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


June 3, 2009

BERNARD TAYLOR, PETITIONER,
v.
K. DICKENSON, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, timely has filed a notice of appeal of this court's April 2, 2009, dismissal of his application for a writ of habeas corpus on the ground that he filed beyond the one-year limitations period. Petitioner also seeks leave to proceed in forma pauperis on appeal.*fn1 Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue.

Fed. R. App. P. 22(b).

The court finds that petitioner has made a substantial showing on the issue of whether he is entitled to statutory or equitable tolling. Accordingly, a certificate of appealability will issue. Petitioner's application for leave to proceed in forma pauperis on appeal makes the showing required under 28 U.S.C. § 1915(a).

IT IS THEREFORE ORDERED that:

1. Petitioner's April 20, 2009, request for a certificate of appealability is GRANTED; and,

2. Petitioner's April 20, 2009, application for leave to proceed in forma pauperis on appeal is GRANTED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.