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Case: 09-56073 08/12/2009 Page: 1 of 2 DktEntry: 7024494

FILED
UNITED STATES COURT OF APPEALS AUG 12 2009

MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

RICHARD I. FINE, No. 09-56073

Petitioner - Appellant, D.C. No. 2:09-cv-01914-JFW-CW
Central District of California,
v. Los Angeles

SHERIFF OF LOS ANGELES COUNTY;
et al., ORDER

Respondents - Appellees.

Before: KLEINFELD, Circuit Judge.

Under Miller-El v. Cockrell, 537 U.S. 322 (2003), appellant need not show

that he is probably correct or that there is a substantial likelihood that he is correct

in order to obtain a certificate of appealability. A certificate of appealability is

required if he demonstrates that reasonable jurists would find the district court's

assessment of his constitutional claims “debatable.” (Id. at 338.) Accordingly,

appellant is granted a certificate of appealability on the issue of whether the trial

judge should have recused himself. See 28 U.S.C. § 2253(c)(3); see also 9th

Cir.R.22-1(e).

dk/COA
Case: 09-56073 08/12/2009 Page: 2 of 2 DktEntry: 7024494

A review of this court’s docket reflects that the filing and docketing fees for

this appeal remain due. Within 14 days of the filing date of this order, appellant

shall (1) pay to the district court the $455.00 filing and docketing fees for this

appeal and file in this court proof of such payment or (2) file in this court a motion

to proceed in forma pauperis, accompanied by a completed CJA Form 23. Failure

to pay the fees or file a motion to proceed in forma pauperis shall result in the

automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir.

R. 42-1.

The Clerk shall serve a copy of CJA Form 23 on appellant.

If appellant pays the fees, the following briefing schedule shall apply: The

opening brief is due September 9, 2009; the answering brief is due October 9,

2008; the optional reply brief is due within 14 days after service of the answering

brief. If appellant files a motion to proceed in forma pauperis, the briefing schedule

will be set upon disposition of the motion.

Appellant’s remaining motions and requests will be addressed by separate

order.

dk/COA 2 09-56073
Case: 09-56073 08/12/2009 Page: 1 of 1 DktEntry: 7024494
OCJA 23 FINANCIAL AFFIDAVIT
Rev. 5/98 IN SUPPORT OF REQUEST FOR ATTORNEY, EXPERT OR OTHER COURT SERVICES WITHOUT PAYMENT OF FEE
IN UNITED STATES G MAGISTRATE G DISTRICT G APPEALS COURT or G OTHER PANEL (Specify below)
IN THE CASE OF LOCATION NUMBER
FOR
V.S.
AT
*
PERSON REPRESENTED (Show your full name) 1 G Defendant—Adult DOCKET NUMBERS

* 2
3
G
G
Defendant - Juvenile
Appellant
Magistrate

CHARGE/OFFENSE (describe if applicable & check box ÿ) G Felony
4
5
6
G
G
G
Probation Violator
Parole Violator
Habeas Petitioner
* District Court

Court of Appeals
G Misdemeanor 7 G 2255 Petitioner
8 G Material Witness
9 G Other

ANSWERS TO QUESTIONS REGARDING ABILITY TO PAY
Are you now employed? G Yes G No G Am Self-Employed
Name and address of employer:
IF YES, how much do you IF NO, give month and year of last employment
EMPLOY-
MENT earn per month? $ How much did you earn per month? $
If married is your Spouse employed? G Yes G No
IF YES, how much does your If a minor under age 21, what is your Parents or
Spouse earn per month? $ Guardian’s approximate monthly income? $
Have you received within the past 12 months any income from a business, profession or other form of self-employment, or in the form of
rent payments, interest, dividends, retirement or annuity payments, or other sources? G Yes G No
OTHER RECEIVED SOURCES
ASSETS INCOME IF YES, GIVE THE AMOUNT

9
RECEIVED & IDENTIFY $
THE SOURCES
CASH Have you any cash on hand or money in savings or checking accounts? G Yes G No IF YES, state total amount $

Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and
clothing)? G
Yes G No
VALUE DESCRIPTION
PROP-
ERTY IF YES, GIVE THE VALUE AND $
DESCRIBE IT

MARITAL STATUS Total List persons you actually support and your relationship to them
No. of
SINGLE Dependents
DEPENDENTS MARRIED

9 9
WIDOWED
SEPARATED OR
DIVORCED
OBLIGATIONS &

9
APARTMENT Creditors Total Debt Monthly Paymt.
DEBTS DEBTS & OR HOME:
MONTHLY $ $
BILLS $ $
(LIST ALL CREDITORS,

9
INCLUDING BANKS, $ $
LOAN COMPANIES,
$ $
CHARGE ACCOUNTS,
ETC.)

I certify under penalty of perjury that the foregoing is true and correct. Executed on (date)

SIGNATURE OF DEFENDANT
(OR PERSON REPRESENTED) *