Ralph Randolph Rea v. Brenda Burns, Warden, Northern Nevada Correctional Center

15 F.3d 1088 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph Randolph REA, Petitioner-Appellant, v. Brenda BURNS, Warden, Northern Nevada Correctional Center, et al., Respondents-Appellees. No. 92-17059. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994. * Decided Jan. 13, 1994. Before: REINHARDT, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Ralph Randolph Rea, a Nevada state prisoner, appeals pro se the district court's denial of his motion to proceed in forma pauperis (IFP) in his 28 U.S.C. Sec. 2254 habeas corpus action. We dismiss the appeal. 3 We first must address the matter of our jurisdiction to consider this appeal. "A denial of a motion to proceed in forma pauperis is a final judgment that is immediately appealable pursuant to 28 U.S.C. Sec. 1291 ." Tripati v. Rison, 847 F.2d 548, 548 (9th Cir.1988). Nonetheless, "[a]n appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding [by…