Burr v. Chavez
Filing
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ORDER by Judge Lucy H. Koh denying 15 Motion for Leave to Appeal in forma pauperis (Attachments: # 1 cert of service) (mpb, COURT STAFF) (Filed on 8/28/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STEVEN DOUGLAS BURR,
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Petitioner,
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vs.
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FRANK CHAVEZ, Warden,
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Respondent.
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No. C 10-5935 LHK (PR)
ORDER DENYING MOTION FOR
LEAVE TO APPEAL IN FORMA
PAUPERIS
(Docket No. 15)
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Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. On July 16, 2012, the Court denied the instant
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petition on the merits and entered judgment in favor of Respondent. On August 13, 2012,
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Petitioner filed a motion for leave to proceed in forma pauperis on appeal. (Docket No.
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15.)
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Petitioner was not granted pauper status in the instant action as he paid the full
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filing fee. Accordingly, Petitioner’s motion for leave to proceed in forma pauperis on
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appeal (Docket No. 15) is DENIED to bringing it directly in the Ninth Circuit for an
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independent review of the record to determine whether the appeal is frivolous.
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The Clerk shall forward a copy of this order to the Ninth Circuit Court of Appeals.
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IT IS SO ORDERED.
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Dated:
8/27/12
LUCY H. KOH
United States District Judge
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Order Denying IFP on Appeal
Burr5935.ifp-appeal.hhl.wpd
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