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Anthony Baez v. G. Swarthout

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


June 18, 2012

ANTHONY BAEZ, PETITIONER,
v.
G. SWARTHOUT, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding without counsel, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Judgment was entered in this action on April 30, 2012. On May 23, 2012, petitioner filed a notice of appeal. On June 6, 2012, petitioner filed a request to proceed in forma pauperis on appeal.

Rule 24(a) of the Federal Rules of Appellate Procedure provides that a party to a district court action who desires to proceed in forma pauperis on appeal must file a motion in the district court which:

(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party's inability to pay or to give security for fees and costs;

(B) claims an entitlement to redress; and

(C) states the issues that the party intends to present on appeal.

Fed. R. App. P. 24(a)(1). On June 6, 2012, petitioner filed a declaration which demonstrates his inability to pay or to give security for fees and costs. Petitioner did not, however, claim entitlement to redress or describe the issues he intends to present on appeal.

Accordingly, IT IS HEREBY ORDERED that petitioner's June 6, 2012 request to proceed in forma pauperis on appeal is denied without prejudice. The Clerk of the Court is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit, and petitioner is hereby informed that he may file a motion to proceed in forma pauperis in the United States Court of Appeals for the Ninth Circuit. See Fed. R. App. P. 24(a)(5).

20120618

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