United States District Court, C.D. Illinois
December 12, 2005.
CARNELL BROWN, Petitioner,
R.V. VEACH, Warden, Respondent.
The opinion of the court was delivered by: MICHAEL MIHM, District Judge
This matter is now before the Court on Petitioner, Carnel
Brown's ("Brown"), Motion to Proceed In Forma Pauperis on Appeal.
Title 28 U.S.C. § 1915(a)(3) provides that "[a]n appeal may not
be taken in forma pauperis if the trial court certifies in
writing that it is not taken in good faith."
In the case at bar, Brown's successive petition clearly
constituted an improper attempt to avoid the procedural
limitations and requirements attendant to motions brought under §
2255 and was not the type of situation that the Seventh Circuit
contemplated in establishing the narrow avenue for certain
collateral claims to be reviewed under § 2241. Having failed to
meet the prerequisites established in In re Davenport, the
Court found that he was not entitled to proceed under § 2241 and
dismissed the petition without prejudice to the opportunity to
seek permission to bring a second or successive petition from the
Seventh Circuit Court of Appeals. Accordingly, the Court cannot find that this appeal is being
taken in good faith. His Motion to Proceed In Forma Pauperis on
Appeal [#12] is therefore DENIED.
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