United States District Court, N.D. Illinois
September 30, 2004.
The opinion of the court was delivered by: PHILIP REINHARD, District Judge
MEMORANDUM OPINION AND ORDER
Samuel Tidwell, a federal prisoner, filed an appeal from the
denial of his motion filed pursuant to 18 U.S.C. § 3582(c)(2). He
has now filed in this court an application to proceed on appeal
without prepayment of fees under 28 U.S.C. § 1915.
In ruling on Tidwell's application, this court must determine
whether his appeal is taken in good faith. See
28 U.S.C. § 1915(a)(3). An appeal is taken in good faith if a "reasonable
person could suppose that the appeal has some merit." Walker v.
O'Brien, 216 F.3d 626, 632 (7th Cir. 2000).
Because Tidwell's section 3582(c)(2) motion was without merit,
the court certifies that the appeal is not taken in good faith.
Thus, the court denies Tidwell's application to proceed on appeal
without prepayment of fees.
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