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Kennedy M. Russell, Sr v. United States of America

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


December 17, 2012

KENNEDY M. RUSSELL, SR., PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge:

MEMORANDUM and ORDER

On November 30, 2012, the Court denied Russell's motion for leave to appeal in forma pauperis on appeal (Doc. 22). In that Order, the Court directed Russell to either pay the appellate filing and docketing fee of $455 to the Clerk of the Court in this District or to re-file the motion for leave to proceed in forma pauperis on appeal with the Seventh Circuit Court of Appeals. Now before the Court is another motion to proceed in forma paueris on appeal filed on December 14, 2012 (Doc. 26).*fn1 The Court's reasoning for denying leave to proceed in forma pauperis on appeal has not changed in the past two weeks. The Court denied Russell's motion for bond pending the resolution of his28 U.S.C. § 2245 petition and Russell has offered no argument indicating why this Court's conclusion was incorrect. Therefore, the Court again CERTIFIES that this appeal is not taken in good faith; accordingly, the motion for leave to proceed in forma pauperis on appeal is DENIED. Russell shall tender the appellate filing and docketing fee of $455 to the Clerk of Court in this District, or he may re-file the motion with the Seventh Circuit Court of Appeals.

IT IS SO ORDERED.

Digitally signed by David R. Herndon Date: 2012.12.17 10:24:26 -06'00' Chief Judge United States District Court


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