Hall v. Rivard

Full title: DENNIS ANTHONY HALL, Petitioner, v. STEVEN RIVARD, Respondent

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Jul 11, 2016

Civil No. 2:10-CV-11252 (E.D. Mich. Jul. 11, 2016)

Opinion

Civil No. 2:10-CV-11252

07-11-2016

DENNIS ANTHONY HALL, Petitioner, v. STEVEN RIVARD, Respondent

HONORABLE DENISE PAGE HOOD CHIEF UNITED STATES DISTRICT JUDGE

OPINION AND ORDER DENYING AS MOOT PETITIONER'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS ON APPEAL

On March 31, 2016, this Court denied the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, declined to issue a certificate of appealability, but granted petitioner leave to appeal in forma pauperis. Hall v. Rivard, No. 2:10-CV-11252, 2016 WL 1258990 (E.D. Mich. Mar. 31, 2016).

On April 25, 2016, petitioner filed a notice of appeal. [Dkt. # 31].¹

1 Under the "prison mailbox rule," petitioner's notice of appeal was filed on April 25, 2016, the date that it was signed and dated by petitioner. Houston v. Lack, 487 U.S. 266, 270-71 (1988). --------

Petitioner has now filed an application to proceed without prepayment of fees or costs on appeal, asking to be permitted to proceed in forma pauperis on appeal.

This Court 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. # 37] will therefore be denied as moot. See McMillan v. McKune, 16 Fed.Appx. 896, 897 (10^th Cir. 2001).

S/Denise Page Hood

Denise Page Hood

Chief Judge, United States District Court Dated: July 11, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on July 11, 2016, by electronic and/or ordinary mail.

S/LaShawn R. Saulsberry

Case Manager