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Clarence Leon Dews v. California Superior Court

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 11, 2013

CLARENCE LEON DEWS,
PLAINTIFF,
v.
CALIFORNIA SUPERIOR COURT, FRESNO COUNTY,
DEFENDANT.

ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL FINDING APPEAL IS NOT TAKEN IN GOOD FAITH AND DIRECTING CLERK OF COURT TO SERVE THE COURT OF APPEALS (ECF No. 17)

On December 6, 2012, the instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 was dismissed and judgment was entered.

On March 18, 2013,*fn1 Petitioner filed a notice of appeal.

On April 8, 2013, Petitioner filed an application 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).

A notice of appeal must be filed within thirty days from the date judgment was entered. See Fed. R. App. P. 4(a)(1)(A). In this instance, Petitioner's notice of appeal was due on or before January 5, 2013. Because Petitioner's notice of appeal was untimely filed on March 18, 2013, the Court finds the appeal is not taken in good and in forma pauperis status is DENIED.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE


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