IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 3, 2009
BERNARD TAYLOR, PETITIONER,
K. DICKENSON, RESPONDENT.
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.