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United States v. Tabb

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


November 19, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DIMARCUS TARAH TABB, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert U.S. District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on defendant Dimarcus Tarah Tabb's motion for leave to proceed in forma pauperis on appeal (Doc. 214) and motion for the Clerk of Court to serve the docketing statement on the Court of Appeals (Doc. 215).

I. In Forma Pauperis Status

Tabb does not need the Court's permission to proceed on appeal in forma pauperis because the Court determined earlier in this case that he was financially unable to obtain an adequate defense. "A party . . . who was determined to be financially unable to obtain an adequate defense in a criminal case . . . may proceed on appeal in forma pauperis without further authorization" unless the district court certifies or a statute provides otherwise. Fed. R. App. P. 24(a)(3). The Court has not and will not certify that Tabb should not be allowed to continue as a pauper, and no statute forbids it. Therefore, Tabb already has the authorization he needs, and the motion for leave to appeal in forma pauperis (Doc. 214) is DENIED as moot.

II. Docketing Statement

Tabb asks the Clerk's Office to prepare a docketing statement for him to use in his appeal and to send it to the Court of Appeals. Tabb is responsible for preparing and submitting his own docketing statement, and he has cited no authority for directing the Clerk's Office to do it for him. The Court DENIES his motion (Doc. 215).

The Court DIRECTS the Clerk of Court to send a copy of this order to the Court of Appeals in connection with Appeal No. 09-3620.

IT IS SO ORDERED.

20091119

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