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Suggs v. United States

United States District Court, Seventh Circuit

November 27, 2013

ALONZO SUGGS, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER

WILLIAM D. STIEHL, District Judge.

Before the Court are petitioner's motion for certificate of appealability (Doc. 8) and motion for leave to appeal in forma pauperis (Doc. 7).

I. Motion for Certificate of Appealability

In its Order dismissing this case, the Court declined to issue a certificate of appealability (Doc. 3). Petitioner has given the Court no basis upon which it could or should upset that ruling. Accordingly, petitioner's motion for Certificate of Appealability (Doc. 8) is DISMISSED AS MOOT.

Petitioner may seek a Certificate of Appealabilty from the Seventh Circuit Court of Appeals. See FED. R. APP. P. 22(b); 28 U.S.C. ยง 2253(c)(1). 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). The Court has not been persuaded that petitioner's appeal has any merit, nor has his appeal been taken in good faith. Accordingly, the Court DENIES petitioner's motion for leave to appeal in forma pauperis (Doc. 7).

IT IS SO ORDERED.


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