Campbell v. Fink

Full title: MARLON CAMPBELL, Petitioner, v. MARTIN FINK, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, N.D. California

Date published: Nov 10, 2014

13-cv-01446-YGR (PR) (N.D. Cal. Nov. 10, 2014)

Opinion

MARLON CAMPBELL, Petitioner, v. MARTIN FINK, Warden, Respondent. No. 13-cv-01446-YGR (PR) United States District Court, Northern District of California November 10, 2014

          ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL DKT. 34

          YVONNE GONZALEZ ROGERS, United States District Judge

         This matter is now before the Court for consideration of Petitioner’s motion for leave to proceed in forma pauperis on appeal. A certificate of appealability was previously denied because Petitioner had not shown “that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). For the same reason, Petitioner’s appeal is not taken in “good faith” and consequently leave to proceed on appeal in forma pauperis is DENIED. See 28 U.S.C. § 1915(a)(3).

         IT IS SO ORDERED.