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Ramirez v. United States

United States District Court, Seventh Circuit

January 14, 2014

ISRAEL C. RAMIREZ, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

MEMORANDUM AND ORDER

J. PHIL GILBERT DISTRICT JUDGE

This matter comes before the Court on petitioner Israel C. Ramirez’s motions for leave to appeal in forma pauperis (Doc. 24), a copy of the docket sheet (Doc. 25), and an extension of time to file the designation of record on appeal (Doc. 25).

A federal court may permit a party to proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good faith. 28 U.S.C. § 1915(a)(1) & (3); Fed. R. App. P. 24(a)(3)(A). A frivolous appeal cannot be made in good faith. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). The test for determining if an appeal is in good faith or not frivolous is whether any of the legal points are reasonably arguable on their merits. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (citing Anders v. California, 386 U.S. 738 (1967)); Walker v. O’Brien, 216 F.3d 626, 632 (7th Cir. 2000). The Court has no reason to believe that Ramirez’s appeal is frivolous. Accordingly, the Court GRANTS Ramirez’s motion for leave to appeal in forma pauperis (Doc. 24).

The Court further GRANTS Ramirez’s motion (Doc. 25) to the extent he seeks copies of the docket sheet in this case, DIRECTS the Clerk of Court to mail a copy of the docket sheet to Ramirez, and DIRECTS the Clerk of Court to transfer Ramirez’s motion for an extension of time (Doc. 25) to the Court of Appeals for the Seventh Circuit.

IT IS SO ORDERED.


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