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Simpson v. United States

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION


May 13, 2008

SAMMIE J. SIMPSON, JR. PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Joe Billy McDade United States District Judge

OPINION A N D ORDER

Before the Court is Petitioner's Motion for Leave to Appeal in forma pauperis [Doc. 28].

This Court has already denied Petitioner's "notice of appeal" which was construed as a Request for a Certificate of Appealability [Doc. 25]. In doing so, this Court noted that Petitioner must make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). In this case, Petitioner has not made any showing that he has been denied a constitutional right. As a result, his request for a certificate of appealability was denied. See West v. Schneiter, 485 F.3d 393, 394-95 (7th Cir. 2007).

In Petitioner's current Motion, he again has failed to make any showing that he has been denied a constitutional right. Accordingly, his appeal is not taken in good faith, and his request to proceed in forma pauperis is DENIED.

IT IS THEREFORE ORDERED that Petitioner's Motion to Proceed In Forma Pauperis on Appeal is DENIED.

ENTERED this 13th day of May, 2008.

20080513

© 1992-2008 VersusLaw Inc.



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