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United States v. Burkett, 1:15-cr-09-AW-GRJ. (2019)

Court: District Court, N.D. Florida Number: infdco20200113997 Visitors: 3
Filed: Dec. 19, 2019
Latest Update: Dec. 19, 2019
Summary: REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . Pending before the Court is Defendant's Motion for Leave to Appeal In Forma Pauperis. ECF No. 311. On August 23, 2019, the undersigned recommended Defendant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255, ECF Nos. 226, 289, and request for certificate of appealability should be denied. ECF No. 296. On November 12, 2019, the district court adopted the undersigned's report and recommendation, deni
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REPORT AND RECOMMENDATION

Pending before the Court is Defendant's Motion for Leave to Appeal In Forma Pauperis. ECF No. 311. On August 23, 2019, the undersigned recommended Defendant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, ECF Nos. 226, 289, and request for certificate of appealability should be denied. ECF No. 296. On November 12, 2019, the district court adopted the undersigned's report and recommendation, denied Defendant's § 2255 motion, and declined to issue a certificate of appealability. ECF No. 305. Defendant filed a notice of appeal, ECF No. 307, and now requests permission to proceed in the appeal as a pauper, ECF No. 311.

Pursuant to 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." See also Fed. R. App. P. 24(a)(3)(A). The Court finds that Defendant's appeal is not taken in good faith, inasmuch as Defendant has failed to identify a nonfrivolous issue for appeal. See Busch v. Cty. of Volusia, 189 F.R.D. 687, 692 (M.D. Fla. 1999) (holding a party "demonstrates good faith when she seeks appellate review of any issue that is not frivolous"). Indeed, contrary to the requirements of Federal Rule of Appellate Procedure 24(a)(1), Defendant does not identify in her motion any issue she intends to present on appeal. Defendant's motion for leave to appeal in forma pauperis, ECF No. 311, should therefore be denied.

Accordingly, it is respectfully RECOMMENDED that Defendant's Motion for Leave to Appeal In Forma Pauperis, ECF No. 311, should be DENIED.

Source:  Leagle

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