Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Best v. Hulick

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 13, 2008

DEALANDUS MONTEZ BEST, PETITIONER,
v.
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

20080213

© 1992-2008 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.