IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
February 13, 2008
DEALANDUS MONTEZ BEST, PETITIONER,
DON HULICK, RESPONDENT.
The opinion of the court was delivered by: Murphy, District Judge
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner's motion requesting leave to proceed in forma pauperis on appeal. Petitioner, an inmate in the Menard Correctional Center, included with his motion a copy of his inmate trust fund account statement. This Court previously denied Petitioner's motion for relief under 28 U.S.C. § 2254 and declined to issue a certificate of appealability.
It is clear that Petitioner is indigent, and the Court cannot find that the instant appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3); see also Walker v. O'Brien, 216 F.3d 626, 631-32 (7th Cir. 2000) (explaining that the standard governing the issuance of a certificate of appealability is more demanding than the standard for determining whether an appeal is taken in good faith for purposes of proceeding in forma pauperis on appeal). Having been fully considered by the Court, Petitioner's motion for leave for proceed on appeal in forma pauperis (Doc. 31) is GRANTED. Because this is a collateral proceeding attacking Petitioner's underlying conviction, the Court finds that the initial filing fee provisions of 28 U.S.C. § 1915(b) do not apply. See generally Walker, 216 F.3d at 628-29 (holding that the Prison Litigation Reform Act does not apply to any requests for collateral relief under 28 U.S.C. §§ 2241, 2254, or 2255).
IT IS SO ORDERED.
G. Patrick Murphy United States District Judge
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