Pickett

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE EASTERN DISTRICT OF CALIFORNIA Mar 22, 2021

CLERK, U.S. DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GARRY DEWAYNE MASON,

No. 2:20-cv-02186-JKS Petitioner,

ORDER

vs. [Re: Motion at Docket No. 14] BRIAN KIBLER, Acting Warden, High Desert State Prison, Respondent. This Court denied Garry Dewayne Mason, a state prisoner represented by counsel, habeas relief and a certificate of appealability (“COA”) on February 19, 2021. Docket Nos. 11, 12. Mason timely filed a notice of appeal, which was processed to the Ninth Circuit Court of Appeals. Docket Nos. 13, 15. At Docket No. 14, Mason filed a motion to proceed in forma pauperis (“IFP”) on appeal pursuant to 28 U.S.C. § 1915. Although Mason’s appeal is currently pending before the Ninth Circuit, “[t]he decision to allow an appeal to proceed in forma pauperis remains within the jurisdiction of the trial court after the filing of an appeal.” Zambrano v. Gipson, No. LA CV 15-01794, 2016 WL 4040649, at *1 (C.D. Cal. July 6, 2016) (citation omitted). A person may be granted permission to proceed in forma pauperis if the person “submits an affidavit that…