Jones v. Estep

Filing 68

ORDER denying without prejudice 63 Motion for Leave to Appeal in Forma Pauperis, re 61 Notice of Appeal, and denying 64 request for appointment of counsel, by Judge Lewis T. Babcock on 11/4/15. No certificate of appealability will issue.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 05-cv-00353-LTB-PAC
WENDELL TODD JONES,
Applicant,
v.
AL ESTEP,
Respondent.

ORDER DENYING LEAVE TO PROCEED
ON APPEAL PURSUANT TO 28 U.S.C. ' 1915(a)(1)
AND DENYING CERTIFICATE OF APPEALABILITY
Babcock, Senior Judge
Applicant Wendell Todd Jones, proceeding pro se, filed a notice of appeal and
subsequently a motion to proceed in forma pauperis on appeal, a motion for certificate of
appealability, and a request for appointment of counsel on appeal. First, the Court has
examined the in forma pauperis motion and finds that the motion is deficient because it is
not submitted on a Court-approved form. Second, the motion for a certificate of
appealability will be denied because Applicant does not make a substantial showing of
the denial of a constitutional right.

Finally, a request for appointment of counsel in the

appeal of this action should be filed in the United States Court of Appeals for the Tenth
Circuit. Accordingly, it is
ORDERED that the motion seeking leave to proceed in forma pauperis on appeal,
ECF No. 63, is denied without prejudice because the motion is deficient.

It is

FURTHER ORDERED that no certificate of appealability will issue, and Applicant=s
motion requesting such a certificate, ECF No. 64, is denied, because Applicant has not
made a substantial showing of the denial of a constitutional right. It is
FURTHER ORDERED that Applicant=s request for appointment of counsel, ECF
No. 64, is denied with leave to refile in the United States Court of Appeals for the Tenth
Circuit.
DATED at Denver, Colorado, this 4th day of

November

, 2015.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court