Filed: May 01, 2018
Latest Update: May 01, 2018
Summary: ORDER (1) DENYING REQUESTS FOR CERTIFICATE OF APPEALABILITY (ECF ## 26, 28) AND (2) GRANTING DEFENDANT'S APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL (ECF #30) MATTHEW F. LEITMAN , District Judge . On June 23, 2016, Defendant Jared Lockwood ("Lockwood") was charged in an indictment with (1) manufacture of an unregistered destructive device, (2) possession of an unregistered destructive device, (3) a false statement or representation made to a department or agency of the Uni
Summary: ORDER (1) DENYING REQUESTS FOR CERTIFICATE OF APPEALABILITY (ECF ## 26, 28) AND (2) GRANTING DEFENDANT'S APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL (ECF #30) MATTHEW F. LEITMAN , District Judge . On June 23, 2016, Defendant Jared Lockwood ("Lockwood") was charged in an indictment with (1) manufacture of an unregistered destructive device, (2) possession of an unregistered destructive device, (3) a false statement or representation made to a department or agency of the Unit..
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ORDER (1) DENYING REQUESTS FOR CERTIFICATE OF APPEALABILITY (ECF ## 26, 28) AND (2) GRANTING DEFENDANT'S APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL (ECF #30)
MATTHEW F. LEITMAN, District Judge.
On June 23, 2016, Defendant Jared Lockwood ("Lockwood") was charged in an indictment with (1) manufacture of an unregistered destructive device, (2) possession of an unregistered destructive device, (3) a false statement or representation made to a department or agency of the United States, and (4) a false declaration before court. (See ECF #1.) On August 23, 2016, pursuant to a Rule 11 plea agreement, Lockwood pleaded guilty to two counts in the indictment, Count One: Manufacture of Unregistered Destructive Devices and Count Four: False Declaration Before the Court. (See Rule 11 Plea Agreement, ECF #12.) The Court imposed a sentence of imprisonment of 120 months on Count One and 60 months on Count Four. (See ECF #16 at Pg. ID 193.) On January 18, 2018, Lockwood filed a motion to vacate or set aside the sentence pursuant to 28 U.S.C. § 2255. (See ECF #21.)
On January 25, 2018, the Court entered an Order in which it, among other things, denied Lockwood's motion to vacate or set aside his sentence and denied a certificate of appealability. (See ECF #24.) Lockwood has now filed two requests for a certificate of appealability on the issues presented in his motion to vacate or set aside his sentence. (See ECF ## 26, 28.) The Court already denied a certificate of appealability on these issues and explained the basis for its denial in its Order dated January 25, 2018. The Court therefore denies Lockwood's requests for a certificate of appealability for the same reasons it denied a certificate of appealability in its January 25, 2018, Order.
Lockwood has also filed a notice of appeal of the January 25, 2018, Order (see ECF #27) and an application to proceed without prepaying fees or costs on appeal. (See ECF #30.) The Court has reviewed the application and concludes that Lockwood is entitled to proceed without prepaying fees or costs on appeal.
Accordingly, IT IS HEREBY ORDERED that:
1. Lockwood's requests for a certificate of appealability (ECF ## 26, 28.) are DENIED; and
2. Lockwood's application to proceed without prepaying fees or costs on appeal (ECF #30) is GRANTED.
