IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 21, 2009
ABEL MORENO, PETITIONER,
JAMES HARTLEY, RESPONDENT.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL and DIRECTING CLERK TO SERVE THE COURT OF APPEALS (DOCUMENT #28)
Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On October 26, 2009, judgment was entered denying the petition for writ of habeas corpus. On November 13, 2009, petitioner filed a notice of appeal. On December 11, 2009, petitioner filed a motion to proceed in forma pauperis. Examination of petitioner's motion to proceed in forma pauperis reveals that petitioner is unable to afford the costs of an appeal. Accordingly, the motion to proceed in forma pauperis on appeal is GRANTED. See 28 U.S.C. § 1915. The Clerk is directed to serve a copy of this order on the Court of Appeals for the Ninth Circuit.
IT IS SO ORDERED.
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