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Byron Blake v. United States of America

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


November 7, 2011

BYRON BLAKE, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

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

MEMORANDUM AND ORDER

This matter is before the Court on Petitioner Byron Blake's motion and affidavit requesting leave to proceed in forma pauperis on appeal. This Court previously denied Mr. Blake's motion for relief under 28 U.S.C. § 2255 and declined to issue a certificate of appealability.

It is clear that Mr. Blake is indigent, and the Court cannot find that the instant appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3); see also Walker v. O'Brien, 216 F.3d 626, 631-32 (7th Cir. 2000) (explaining that the standard governing the issuance of a certificate of appealability is more demanding than the standard for determining whether an appeal is taken in good faith for purposes of proceeding in forma pauperis on appeal). Mr. Blake's motion (Doc. 28) is GRANTED. Because this is a collateral proceeding attacking Mr. Blake's underlying conviction, the Court finds that the filing fee provisions of 28 U.S.C. § 1915(b) do not apply. See generally Walker, 216 F.3d at 628-29 (holding that the Prison Litigation Reform Act does not apply to any requests for collateral relief under 28 U.S.C. §§ 2241, 2254, or 2255).

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20111107

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