Opinion
Case No. 06-CV-11861.
November 7, 2007
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (#32) AND DENYING MOTION FOR CERTIFICATE OF APPEALABILITY (#31)
Having reviewed petitioner Muehlenbein's motion for leave to proceed in forma pauperis on appeal, along with accompanying documents, the motion is hereby GRANTED pursuant to 28 U.S.C. § 1915(a). Petitioner Muehlenbein's motion for a certificate of appealability is hereby DENIED as MOOT as a certificate of appealability was ALREADY denied on September 20, 2007. Alternatively, the motion for a certificate of appealability is hereby DENIED on Muehlenbein's failure to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2).
SO ORDERED.