Cataldo v. Cason

Full title: PAUL CATALDO, Petitioner, v. JOHN CASON, Respondent

Court: United States District Court, W.D. Michigan, Southern Division

Date published: Feb 9, 2006

Case No. 1:03-cv-519 (W.D. Mich. Feb. 9, 2006)

Opinion

Case No. 1:03-cv-519.

February 9, 2006

ORDER

WENDELL MILES, Senior District Judge

This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. § 2254. On September 8, 2005, the Court entered an order summarily dismissing the petition and denying Petitioner a certificate of appealability (docket #88). The order of dismissal followed the Court's de novo review of Petitioner's objections to the report and recommendation of the magistrate judge. Now before the Court are Petitioner's motions for leave to proceed in forma pauperis on appeal (dockets #91 and 98) and motion for certificate of appealability (docket #93).

Petitioner paid the $255.00 appellate filing fee on November 14, 2005. Accordingly, his motions for leave to proceed in forma pauperis on appeal (dockets #91 and 98) are DENIED as moot. Because the Court previously denied Petitioner a certificate of appealability, his motion for a certificate of appealability (docket #93) also is DENIED.

IT IS SO ORDERED.