U.S. v. EDWARDS, 11-CR-71-JMH. (2015)
Court: District Court, E.D. Kentucky
Number: infdco20150520d34
Visitors: 12
Filed: May 19, 2015
Latest Update: May 19, 2015
Summary: MEMORANDUM OPINION & ORDER JOSEPH M. HOOD , Senior District Judge . Defendant Edwards has filed a Declaration in Support of Request to Proceed in Forma Pauperis [DE 51], which the Court construes as a motion for relief. This motion is now ripe for consideration and, for the reasons stated below, shall be denied. Pursuant to Fed. R. App. P. 24(a)(3)(A): A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obt
Summary: MEMORANDUM OPINION & ORDER JOSEPH M. HOOD , Senior District Judge . Defendant Edwards has filed a Declaration in Support of Request to Proceed in Forma Pauperis [DE 51], which the Court construes as a motion for relief. This motion is now ripe for consideration and, for the reasons stated below, shall be denied. Pursuant to Fed. R. App. P. 24(a)(3)(A): A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obta..
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MEMORANDUM OPINION & ORDER
JOSEPH M. HOOD, Senior District Judge.
Defendant Edwards has filed a Declaration in Support of Request to Proceed in Forma Pauperis [DE 51], which the Court construes as a motion for relief. This motion is now ripe for consideration and, for the reasons stated below, shall be denied.
Pursuant to Fed. R. App. P. 24(a)(3)(A):
A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization, unless . . . the district court — before or after the notice of appeal is filed — certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma paupers and states in writing its reasons for the certification or finding.
The Court denied Defendant Edwards relief under 28 U.S.C. § 2255 and denied him a certificate of appealability on the grounds that he has not made a substantial showing that he was denied a constitutional right [DE 43 and 44]. Already the Court has expressed its conclusions with respect to the Defendant's arguments and, in the absence of the substantial showing of a constitutional right necessary to prompt this Court to issue a certificate of appealability, the Court does not believe that Edwards' appeal would be taken in good faith. Accordingly, Defendant may not proceed in forma pauperis, and his request shall be denied.1
Accordingly, IT IS ORDERED that Edwards' motion for leave to proceed on appeal in forma pauperis is DENIED.
FootNotes
1. The Court notes, however, that Defendant Edwards is not without redress. He may seek leave to proceed on appeal in forma pauperis by motion directed to the Court of Appeals. See Fed. R. App. P. 24(a)(5).
Source: Leagle
