United States District Court, C.D. Illinois
December 22, 2005.
ARLON C. SMITH, Petitioner,
R.V. VEACH, Respondent.
The opinion of the court was delivered by: JOE McDADE, Chief Judge
Before the Court is Petitioner's Motion for Permission to
Appeal In Forma Pauperis [Doc. # 8]. Under
28 U.S.C. § 1915(a)(3), the Court is required to determine if Petitioner's
appeal is taken in good faith. See Newlin v. Helman,
123 F.3d 429, 433-34 (7th Cir. 1997); Sperow v. Melvin, 153 F.3d 780,
781 (7th Cir. 1998). To determine that an appeal is taken in good
faith, "a court need only find that a reasonable person could
suppose that the appeal has some merit." Walker v. O'Brien,
216 F.3d 626, 632 (7th Cir. 2000). This Court denied Petitioner
relief because he failed to exhaust his available state court
remedies to challenge a detainer lodged by the state.
Accordingly, the Court finds Petitioner's appeal is not taken in
good faith and his motion is denied. See Boettcher v. Doyle,
105 Fed. Appx. 852, 854 (7th Cir. July 20, 2004) (unpublished
order), (exhaustion of state court remedies required when federal
prisoner challenges detainer lodged by state), citing United
States v. Castor, 937 F.2d 293, 296-97 (7th Cir. 1997) and
Echevarria v. Bell, 579 F.2d 1022, 1025 (7th Cir. 1978). IT IS THEREFORE ORDERED that Petitioner's Motion for Permission
to Appeal In Forma Pauperis [Doc. # 8] is DENIED.
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