Opinion
Case No. C10-5226RBL.
October 28, 2010
ORDER
THIS MATTER comes on before the above-entitled Court upon Petitioner's Application to Proceed on Appeal In Forma Pauperis [Dkt. #19]. Having considered the entirety of the records and file herein, the Court finds and rules as follows:
On October 8, 2010, this Court entered an Order Adopting the Magistrate Judge's Report and Recommendation denying the Petitioner's Petition for a Writ of Habeas Corpus and refusing to issue a certificate of appealability. Although Petitioner paid the $5.00 filing fee in this Court, he seeks to proceed on appeal as a pauper. Because this Court refused to issue a certificate of appealability, the Court DENIES Petitioner's Application to Proceed on Appeal In Forma Pauperis. Fed.R.App.P. 24(a)(3)(A).
IT IS SO ORDERED.
The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se.
Dated this 28th day of October, 2010.