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Carson v. United States

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


May 7, 2010

CASEY J. CARSON, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

Mr. Carson moves for leave to proceed in forma pauperis on appeal (Doc. 10). "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3). An appellant is "acting in bad faith in the more common legal meaning of the term . . . [when he sues] . . . on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000).

Mr. Carson's earlier motion under § 2255 was denied because he asserted frivolous claims as was his request for issuance of a certificate of appealability. He does not now give reasons why the earlier orders were wrong. So, the Court CERTIFIES that this appeal is not taken in good faith and leave to proceed in forma pauperis on appeal (Doc. 10) is DENIED. Mr. Carson must pay the appellate filing and docketing fee of $455 to the Clerk of Court in this District or reapply to the Seventh Circuit Court of Appeals for leave to proceed in forma pauperis on appeal.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20100507

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