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Dwain Vaughn v. Ricardo Rios

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION


March 9, 2011

DWAIN VAUGHN, PETITIONER,
v.
RICARDO RIOS, RESPONDENT.

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

E-FILED

Wednesday, 09 March, 2011 01:06:05 PM Clerk, U.S. District Court, ILCD

OPINION and ORDER

Before the Court are the Motion for Leave to Appeal in forma pauperis (Doc. 9) and the Supplement to the Notice of Appeal (Doc. 12) filed by Petitioner. The Motion is DENIED and this Court certifies that the appeal is not taken in good faith.

Petitioner states that this Court erred in denying his habeas petition because the Supreme Court's decision in Begay v. United States, 553 U.S. 137 (2008) excludes him from career offender status for purposes of sentencing. This Court, however, did not rule on the applicability of Begay to Petitioner's sentence but rather indicated that he must seek relief pursuant to 28 U.S.C. § 2255. Petitioner offers no basis to appeal this ruling. Therefore, and for the reasons set forth in this Court's January 14, 2011 Order, the appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3).

Entered this 9th day of March, 2011

20110309

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