1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEVIN DEAN BREWER, Case No. 22-cv-02577-WHO (PR) aka MICHAEL GREEN, 8 ORDER DENYING MOTION FOR A Petitioner, CERTIFICATE OF 9 APPEALABILITY; v. 10 ORDER DENYING MOTION TO RAYMOND MADDEN, PROCEED IN FORMA PAUPERIS 11 ON APPEAL Respondent. Dkt. Nos. 15 and 16 12 13 14 This habeas action was dismissed because petitioner Kevin Dean Brewer failed to 15 pay the $5.00 filing fee, despite having several hundred dollars in his account. (Order 16 Denying In Forma Pauperis Application, Dkt. No. 8.) 17 Brewer has filed an appeal, a motion for a certificate of appealability (COA), and a 18 motion to proceed in forma pauperis (IFP) on appeal. His motion for a COA is DENIED. 19 (Dkt. No. 15.) Brewer has not shown “that jurists of reason would find it debatable 20 whether the petition states a valid claim of the denial of a constitutional right and that 21 jurists of reason would find it debatable whether the district court was correct in its 22 procedural ruling.” Slack v. McDaniel,

(2000). 23 Brewer’s motion to proceed IFP on appeal is DENIED because the appeal is 24 frivolous. (Dkt. No. 16.) Brewer has the funds to pay the filing fee and has not. 25 Furthermore, by way of this habeas action, Brewer is attempting to file an unauthorized 26 second or successive petition regarding the same state court judgment that he has 27 challenged in prior actions. See Green v. Knipp, No. 12-cv-01689-WHO; Brewer v. Perez, 1 No. 15-cv-02456-WHO; Green v. Covello, 19-cv-00176-WHO; Brewer v. Warden, No. 2 || 20-cv-03975-WHO; and Brewer v. Supreme Court of California, 22-cv-01777-WHO. 3 The Clerk shall terminate all pending motions, and send a copy of this order to the 4 || Ninth Circuit Court of Appeals. 5 IT IS SO ORDERED. 6 Dated: December 12, 2022 = 7 AM H. ORRIC 8 United States District Judge 9 10 11 a 12

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