DAVID R. HERNDON, District Judge.
Pending before the Court is petitioner Fitts' latest motion to proceed in forma pauperis on appeal (doc. 53) and motion for certificate of appealability (doc. 52). On September 26, 2013, the Court denied and dismissed Fitts' 28 U.S.C. § 2254 petition with prejudice (doc. 21) and the Clerk of the Court entered judgment reflecting the same (doc. 22). On October 23, 2013, petitioner Fitts filed his original notice of appeal (doc. 23) along with his original motion for certificate of appealability (doc. 24). On October 31, 2013, the Court declined to issue a certificate of appealability, (doc. 27), finding that Fitts could make no substantial showing of a denial of a constitutional right as the non-procedurally defaulted claim was "not debatable among jurists of reason." On May 13, 2014, the Seventh Circuit Court of Appeals, construing it as an application for certificate of appealability, denied Fitts' original notice of appeal (appellate case no. 13-3433) and issued its mandate on June 4, 2014. See doc. 39.
No further activity occurred in the district court's docket, or the appellate court's docket, until February 8, 2018, when petitioner Fitts filed his second notice of appeal and second motions for leave to appeal in forma pauperis (doc. 42) and for issuance of a certificate of appealability (doc. 43), which this Court both denied on February 27, 2018 (doc. 48). In that denial Order, the Court explained that per 28 U.S.C. § 1915(a)(3), "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." Id. To determine when an appeal is taken in good faith, the Court "need only find that a reasonable person could suppose that the appeal has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000) (citing Lee v. Clinton, 209 F.3d 1025, 026 (7th Cir. 2000)). The Court found that "no reasonable person could reach the conclusion that the [second] appeal is taken in good faith as the Court has already found one of Fitts' claims to be procedurally defaulted and the other to be meritless." Doc. 48 at 2. Additionally, the claims were untimely by a period of four years. See also, Show Cause Order of Seventh Circuit Court of Appeals, no. 18-1329, doc. 2 stating ("In this case judgment was entered on September 26, 2013, and the notice of appeal (petitioner's second in this case — see Appeal No. 13-3433) was filed . . . well over four years late . . . IT IS SO ORDERED that appellant . . . file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction."). Thus, the Court denied the motion for leave to appeal in forma pauperis (doc. 42) and denied as moot the motion for certificate of appealability (doc. 43), as the Court had already previously declined the certificate. Doc. 48 at 3.
Now, petitioner has filed a
No facts have changed in the time between petitioner's second and third appeals that would alter this Court's decision to deny his pending motions. The third appeal is a duplicate of the appeal petitioner recently dismissed in the Seventh Circuit and this Court has not granted any extension for the appeals period under Federal Rule of Appellate Procedure 4(a)(5), nor has petitioner shown any procedural reason why he should be permitted to bring three successive appeals without ever filing for a writ of certiorari with the Supreme Court
Accordingly, it is