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Carlus R. Evans v. Gary Swarthout

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


April 18, 2012

CARLUS R. EVANS, PETITIONER,
v.
GARY SWARTHOUT, RESPONDENT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Petitioner has requested a certificate of appealability with respect to the court's March 21, 2012 order and a motion for leave to proceed in forma pauperis on appeal. Because the March 21, 2012 order is not the final order in this case, petitioner's request for a certificate of appealability is premature. At the conclusion of this action the court will decide whether to issue a certificate of appealability. See U.S.C. § 2253.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's April 13, 2012 request for a certificate of appealability is denied;

and

2. Plaintiff's April 13, 2012 motion for leave to proceed in forma pauperis on appeal is denied.

20120418

© 1992-2012 VersusLaw Inc.



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