Stoian v. Martel
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/18/11 DENYING 32 Motion to Proceed IFP. (Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GABRIEL STOIAN,
Petitioner,
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vs.
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No. CIV S-10-3296 GEB EFB P
MICHAEL MARTEL,
Respondent.
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ORDER
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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28
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U.S.C. § 2254. Petitioner paid the filing fee in this case. On September 27, 2011, this court
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denied relief and judgment was entered. The court declined to issue a certificate of
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appealability. See 28 U.S.C. § 2253(c).
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Petitioner has filed a notice of appeal and a motion for leave to proceed in forma
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pauperis. A habeas petitioner seeking leave to proceed in forma pauperis on appeal must file in
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the district court an affidavit that 1) shows his inability to pay or give security for the fees and
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costs; 2) claims an entitlement to redress; and 3) states the issues that he intends to address on
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appeal. Fed. R. App. P. 24(a)(1). Here, petitioner has filed an affidavit that shows his inability
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to pay, but has not met the second or third requirements.
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Accordingly, it is ORDERED that petitioner’s November 15, 2011 motion for leave to
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proceed in forma pauperis is denied.
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Dated: November 18, 2011.
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