Opinion
CASE NO. 04-CV-74814-DT.
May 16, 2007
ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL AND DENYING PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL
Petitioner has appealed the Court's opinion and judgment denying his habeas corpus petition. Currently pending are Petitioner's motions for appointment of counsel and for leave to proceed in forma pauperis on appeal.
The Court has already denied Petitioner's motion for a certificate of appealability. Because the issues presented on appeal are not adequate to deserve encouragement to proceed further, Miller-el v. Cockrell, 537 U.S. 322, 327 (2003), the motion for appointment of counsel [dkt. #39, May 2, 2007] is DENIED.
Petitioner may proceed in forma pauperis on appeal without further authorization because he was granted in forma pauperis in the District Court. Fed.R.App.P. 24(a)(3). Accordingly, the motion to proceed in forma pauperis [dkt. #38, May 2, 2007] is GRANTED.