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Tony Hoong v. Raul Lopez

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


November 14, 2012

TONY HOONG, PETITIONER,
v.
RAUL LOPEZ, WARDEN, HIGH DESERT STATE PRISON, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

[Re: Motion at Docket No. 29]

At Docket No. 29 Tony Hoong, a state prisoner appearing through counsel, filed a Motion to Proceed In Forma Pauperis on Appeal. The motion is not accompanied by the required affidavit.*fn1 This Court has declined to issue a Certificate of Appealability and the Court of Appeals has not yet ruled on the question of appealability. Accordingly, at this point the motion is premature.

IT IS THEREFORE ORDERED THAT the Request to Proceed In Forma Pauperis on Appeal at Docket No. 29 is DENIED, without prejudice to renewal accompanied by the required affidavit in the event the Court of Appeals issues a Certificate of Appealability.

James K. Singleton, Jr.


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