Opinion
1:10-cv-0622 OWW DLB (HC).
December 29, 2010
JESUS CONCHAS, H-82904, AVENAL, CA, AVENAL STATE PRISON, PRO SE.
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL AND DIRECTING CLERK TO SERVE THE COURT OF APPEALS (DOCUMENT #15)
Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On December 10, 2010, judgment was entered denying the petition for writ of habeas corpus. On December 27, 2010, petitioner filed a notice of appeal and an application to proceed in forma pauperis. Examination of petitioner's application to proceed in forma pauperis reveals that petitioner is unable to afford the costs of an appeal. Accordingly, the application to proceed in forma pauperis on appeal is GRANTED. See 28 U.S.C. § 1915. The Clerk is directed to serve a copy of this order on the Court of Appeals for the Ninth Circuit.
IT IS SO ORDERED.
Dated: December 29, 2010
NOTICE AND MOTION TO PROCEED IN FORMA PAUPERIS
PLEASE TAKE NOTICE that petitioner/appellant, appearing pro se, in the above entitled case, hereby motions this Court for permission to proceed in Forma Pauperis as he is unable to pay any fee's related to filing and prosecution of this appeal.
Petitioner/appellant has attached a completed CJA Form 23 regarding his financial information.
Executed on date: DECEMBER 21, 2010.
Exhibit