Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GREGORY L. BROWN,

Case No. 21-cv-02649-YGR (PR) Petitioner, ORDER GRANTING REQUEST FOR v. CERTIFICATE OF APPEALABILITY; DENYING MOTION FOR

M. ATCHLEY, Warden, APPOINTMENT OF COUNSEL; AND

7 Respondent. GRANTING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL

Petitioner Gregory L. Brown filed the instant pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 6, 2021, the Court dismissed the petition because it was a second petition, successive to his previous case, Case No. C 98-02013 MMC (PR), and he had not obtained from the Ninth Circuit Court of Appeals an order authorizing the district court to consider the petition. On May 24, 2021, Petitioner filed a notice of appeal and an application for a certificate of appealability (“COA”). Dkt. 9. Petitioner also moves for appointment of counsel and leave to…