(HC) Simms v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE SIMMS, Case No. 2:21-cv-0035-DJC-JDP (P) Petitioner, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH, Respondent. 16 17 Petitioner, a state prisoner, brought this action under 28 U.S.C. § 2254. ECF No. 1. On 18 October 10, 2023, I recommended that petitioner’s petition be denied on the merits, ECF No. 36, 19 which the district judge adopted, ECF No. 38. The court entered judgment on December 1, 2023. 20 ECF No. 39. On February 24, 2025, petitioner filed an untimely appeal. ECF No. 43. Shortly 21 thereafter, he filed an application to proceed in forma pauperis. ECF No. 46. 22 Federal Rule of Appellate Procedure 24(a) provides that a party to a district court action 23 who desires to appeal in forma pauperis must file a motion in the district court with an attached 24 affidavit that shows “in detail” the party’s inability to pay, claims an entitlement to redress, and 25 states the issues the party intends to present on appeal. See Fed. R. App. P. 24(a)(1). …