Hines v. Muniz

Northern District of California, cand-4:2015-cv-02428

ORDER by Magistrate Judge Donna M. Ryu denying {{10}} Motion for Leave to Appeal in forma pauperis.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL HINES, 7 Case No. 15-cv-02428-DMR (PR) Petitioner, 8 ORDER DENYING LEAVE TO v. PROCEED IN FORMA PAUPERIS 9 ON APPEAL W. L. MUNIZ, Acting Warden, 10 Respondent. 11 12 This matter is now before the Court for consideration of Petitioner's motion for leave to Northern District of California United States District Court 13 proceed in forma pauperis on appeal. Petitioner's pro se petition for a writ of habeas corpus under 14 28 U.S.C. § 2254—challenging the April 16, 2015 decision by the California Board of Parole 15 Hearings denying him parole—was denied on the merits pursuant to Swarthout v. Cooke, 562 U.S. 16 216, 220-21 (2011). A certificate of appealability was denied in the same Order. Petitioner has 17 filed a notice of appeal and a motion for leave to proceed on appeal in forma pauperis. The 18 certificate of appealability was denied because "no reasonable jurist would find the denial of his 19 claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). For the same reason, 20 Petitioner's appeal is not taken in "good faith" and consequently leave to proceed on appeal in 21 forma pauperis is DENIED. See 28 U.S.C. § 1915(a)(3). 22 This Order terminates Docket No. 10. 23 IT IS SO ORDERED. 24 Dated: December 21, 2015 25 ______________________________________ DONNA M. RYU 26 United States Magistrate Judge 27 28 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 MICHAEL HINES, 4 Case No. 4:15-cv-02428-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 W.L. MUNIZ, 7 Defendant. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 Northern District of California That on December 21, 2015, I SERVED a true and correct copy(ies) of the attached, by United States District Court 13 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. 16 17 Michael Hines ID: E-48946 Salinas Valley State Prison 18 P.O. Box 1050 Soledad, CA 93960 19 20 Dated: December 21, 2015 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the 27 Honorable DONNA M. RYU 28 2