IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
January 3, 2011
ALONZO SUGGS, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Stiehl, District Judge:
MEMORANDUM AND ORDER
Before the Court is petitioner's motion for certificate of appealability (Doc. 13) and motion for leave to appeal in forma pauperis (Doc. 16).
I. Motion for Certificate of Appealability
Pursuant to 28 U.S.C. § 2253 the petitioner may not proceed on appeal without a certificate of appealability. Section 2253(c)(2) provides that a certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." Further, §2253(c)(3) provides: "The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)." Here, petitioner has merely submitted the question of whether a habeas petition following resentencing is successive if it is based on previously unavailable evidence (Doc. 13). Petitioner, therefore, has not set forth any grounds for issuance of a certificate of appealability. The Court FINDS that the record does not support such a finding, and therefore, the Court declines to issue a certificate of appealability in this case, and DENIES petitioner's motion (Doc. 13).
II. Motion for Leave to Appeal In Forma Pauperis
Federal Rule of Appellate Procedure 24(a)(3) provides that a financially indigent person may be granted leave to proceed on appeal in forma pauperis unless the court "certifies that the appeal is not taken in good faith." In other words, the court must determine "that a reasonable person could suppose that the appeal has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Petitioner has not filed an affidavit regarding his pauper status, but merely asserts that the Seventh Circuit has previously granted him pauper status. Even if petitioner had filed an affidavit regarding his pauper status, the Court has not been persuaded that petitioner's appeal has any merit, nor has his appeal been taken in good faith. Therefore, the Court FINDS that petitioner's motion for leave to appeal in forma pauperis must be DENIED (Doc. 16).
Accordingly, the Court DENIES petitioner's motion for certificate of appealability (Doc. 13) and motion for leave to appeal in forma pauperis (Doc. 16).
IT IS SO ORDERED
DISTRICT JUDGE WILLIAM D. STIEHL
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