Smith v. Haynes

Full title: ALVIN DARRELL SMITH, Petitioner, v. WARDEN AL HAYNES, Respondent

Court: United States District Court, N.D. West Virginia

Date published: Dec 4, 2007

2:05 CV 64 (Maxwell) (N.D.W. Va. Dec. 4, 2007)

Opinion

2:05 CV 64 (Maxwell).

December 4, 2007

ORDER

ROBERT MAXWELL, Senior District Judge

Having considered the Petitioner's Motion and Affidavit for Permission to Appeal In Forma Pauperis, filed in the above-styled habeas corpus action on October 3, 2007, it is

ORDERED that, pursuant to Rule 24(a) of the Federal Rules of Appellate Procedure, the Petitioner's Motion for Permission to Appeal In Forma Pauperis (Docket No. 51) be, and the same is hereby, GRANTED, and the Petitioner may proceed on appeal without prepayment of costs or fees. It is further

ORDERED that the Clerk of Court shall transmit the record in the above-styled habeas corpus action to the United States Court of Appeals for the Fourth Circuit in accordance with Rule 11 of the Federal Rules of Appellate Procedure. It is further ORDERED that the Clerk of Court shall transmit a copy of this Order to the pro se Petitioner; to counsel of record; and to the United States Court of Appeals for the Fourth Circuit.