Opinion
No. C 09-3993 CW (PR).
October 25, 2011
ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL (Docket no. 14)
On August 9, 2011, the Court denied on the merits Petitioner'spro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 and also denied a certificate of appealability. Petitioner has filed a notice of appeal and a request for leave to proceedin forma pauperis (IFP) on appeal.
Upon filing this action, Petitioner paid the district court filing fee. Consequently, he requires permission to proceed IFP on appeal because Rule 24(a)(3) of the Federal Rules of Appellate Procedure, which provides that a party proceeding IFP in district court may continue in that status on appeal unless the district court certifies that the appeal is not taken in good faith, does not apply. Based on the documents submitted by Petitioner in support of his request, the Court finds he qualifies to proceed IFP on appeal. Accordingly, the request is GRANTED.
This Order terminate Docket no. 14.
IT IS SO ORDERED.