IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 5, 2012
AARON GREY, PETITIONER,
M. D. MCDONALD, WARDEN, HIGH DESERT STATE PRISON, RESPONDENT.
The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge
[Re: Motion at Docket No. 31]
At Docket No. 31 Aaron Grey, a state prisoner appearing pro se, filed a Motion and Affidavit for Leave to Appeal in Forma Pauperis. This Court entered its Judgment on December 22, 2011, in which the Court declined to issue a Certificate of Appealability. Accordingly, this Court has determined that the appeal is frivolous, without merit and does not present a substantial question.*fn1
IT IS THEREFORE ORDERED THAT the Motion and Affidavit for Leave to Appeal in Forma Pauperis is DENIED, without prejudice to renewal before the Court of Appeals for the Ninth Circuit.
The Clerk of the Court to serve a copy of this Order on the parties appearing in this cause.
James K. Singleton, Jr.