Opinion
Civil Action No. 2:10-CV-13312
04-08-2016
OPINION AND ORDER DENYING AS MOOT THE MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL
On December 31, 2015, this Court denied the petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254, denied petitioner a certificate of appealability, but granted petitioner leave to appeal in forma pauperis. Petitioner has now filed a motion to proceed in forma pauperis on appeal.
This Court has already granted petitioner leave to appeal in forma pauperis; it is unnecessary for petitioner to again obtain permission to proceed in forma pauperis on appeal. Petitioner's current motion to proceed in forma pauperis on appeal [Dkt. # 35] will therefore be denied as moot. See McMillan v. McKune, 16 Fed.Appx. 896, 897 (10th Cir. 2001).
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court Dated: April 8, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on April 8, 2016, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager