IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 18, 2012
CARLUS R. EVANS, PETITIONER,
GARY SWARTHOUT, RESPONDENT.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
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;
2. Plaintiff's April 13, 2012 motion for leave to proceed in forma pauperis on appeal is denied.
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