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Daniel Laquinn Jones v. Rick Hill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 12, 2012

DANIEL LAQUINN JONES,
PETITIONER,
v.
RICK HILL, WARDEN,
RESPONDENT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (DOC. 34) ORDER DIRECTING THE CLERK TO SERVE THIS ORDER ON THE CLERK OF THE COURT OF APPEALS FOR THE NINTH CIRCUIT

Petitioner is a state prisoner who proceeded pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.

On November 15, 2012, the Petitioner's petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 was denied, and the Court declined to issue a certificate of appealability.

Petitioner filed a notice of appeal on December 10, 2012, along with a motion to proceed in forma pauperis.

A party who was permitted to proceed in forma pauperis in the district court may proceed in forma pauperis on appeal without further authorization unless the district court certifies that the appeal is not taken in good faith. See Fed. R. App. P. 24(a)(3). In this case, Petitioner paid the filing fee and did not proceed in this Court in forma pauperis. Thus, Petitioner is not automatically entitled to proceed in forma pauperis on appeal.

However, Petitioner has submitted an application to proceed in forma pauperis in which Petitioner shows that he is unable to pay the fees associated with the appeal or give security therefor. Because Petitioner makes the showing required by 28 U.S.C. § 1915(a)(1) and Fed. R. App. P. 24(a)(1), the Court will grant Petitioner's motion to proceed in forma pauperis in his appeal.

Accordingly, it is ORDERED that:

1. Petitioner's motion to proceed in forma pauperis on appeal is GRANTED; and

2. The Clerk of Court is DIRECTED to serve a copy of this order on the Court of Appeals for the Ninth Circuit.

IT IS SO ORDERED.

20121212

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