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William Chapman v. Leland Mcewen

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


July 20, 2011

WILLIAM CHAPMAN, PETITIONER,
v.
LELAND MCEWEN, WARDEN (A), CALIFORNIA STATE PRISON, CALIPATRIA, RESPONDENT.

The opinion of the court was delivered by: John W. Sedwick United States District Judge

[Re: Motion at Docket No. 22]

ORDER

At Docket No. 22 William Chapman, a state prisoner appearing pro se, has filed a document entitled "Clerk of the District Court." In that document Chapman requests a ruling on an application for leave to proceed on appeal in forma pauperis. At Docket No. 18 Chapman filed a Notice of Appeal, appended to which was an Application to Proceed In Forma Pauperis on Appeal. That application was inadvertently not separately docketed for attention by this Court.

Because there is no filing fee required for a state prisoner to appeal from the denial of a petition for a writ of habeas corpus under 28 U.S.C. § 2254,*fn1 Chapman's application is unnecessary. Accordingly,

IT IS THEREFORE ORDERED THAT the application for leave to file an appeal in forma pauperis is DENIED as moot.

The Clerk of the Court will please correct the docket accordingly.


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