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MIROSLAW LAGUNA K-73065 v. U.S. DEPARTMENT OF JUSTICE

United States District Court, N.D. Illinois, Eastern Division


October 19, 2004.

MIROSLAW LAGUNA K-73065, Plaintiff,
v.
U.S. DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, etc., Defendant.

The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

Miroslaw Laguna ("Laguna") has moved (1) for leave to appeal in forma pauperis and (2) for the appointment of counsel in connection with his appeal from this Court's summary dismissal of his petitions for habeas relief, by which he sought to avoid his proposed removal from the United States in what he claims to have been a violation of his rights. On September 29, 2004 this Court issued its statement as to certificate of appealability, explaining this Court's view as to why no such certificate should issue (but also making clear that Laguna was free to seek such a certificate from the Court of Appeals).

Although Laguna's affidavit that accompanies his motion for leave to appeal in forma pauperis demonstrates that he qualifies for such status from an economic point of view, the reasons that this Court set out in its August 27, 2004 memorandum opinion and order that rejected habeas relief essentially did so on the basis that his petition was frivolous in the legal sense. That being so, this Court denies Laguna's motion seeking in forma pauperis status (again without prejudice to his potential renewal of that issue before the Court of Appeals).

  As for the motion for appointment of counsel, here too Laguna qualifies financially for such relief. But given the just-stated ruling, that motion is denied as moot (again without prejudice to its presentation to the Court of Appeals for consideration).

20041019

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