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Alejandro Prado v. Ken Clark

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


April 26, 2013

ALEJANDRO PRADO,
PETITIONER,
v.
KEN CLARK,
RESPONDENT.

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL AND DIRECTING CLERK TO SERVE THE COURT OF APPEALS (ECF No. 44)

On September 9, 2009, the instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 was dismissed and judgment was entered. On January 9, 2012, the undersigned disregarded Petitioner's untimely objections filed after the order dismissing the instant petition. The case is currently pending an appeal at the United States Court of Appeals for the Ninth Circuit in case number 13-15294.*fn1

On April 5, 2013, Petitioner filed an application to proceed in forma pauperis. Examination of Petitioner's application to proceed in forma pauperis reveals that Petitioner is unable to afford the costs of an appeal. Accordingly, the application to proceed in forma pauperis on appeal is GRANTED. See 28 U.S.C. § 1915; Fed. R. App. P. 24. The Clerk is directed to serve a copy of this order on the Court of Appeals for the Ninth Circuit in case number 13-15294.

IT IS SO ORDERED.

SENIOR DISTRICT JUDGE


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