Sullivan v. Federal Bureau of Prisons et al

Filing 91

ORDER denying 87 Motion for Leave to proceed on appeal in forma pauperis and denying the motion for appointment of counsel with leave to re-file in the Court of Appeals by Robert Sullivan, by Judge Marcia S. Krieger on 10/27/09.(bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 06-cv-01477-MSK-MJW ROBERT BRUCE SULLIVAN, Petitioner, v. JOHN W. SUTHERS, The Attorney General of the State of Colorado, Respondent. ORDER DENYING LEAVE TO PROCEED ON APPEAL PURSUANT TO 28 U.S.C. § 1915 AND FED. R. APP. P. 24 Krieger, Judge The Petitioner has submitted a Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24. The Court has examined the file and has determined that the motion must be denied. Pursuant to 28 U.S.C. § 1915(a)(3), the Court finds that this appeal is not taken in good faith because the Petitioner has not shown the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal. Accordingly, it is ORDERED that the Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 is denied. It is FURTHER ORDERED that the Petitioner's motion to appoint counsel is denied with leave to re-file in the Court of Appeals. DATED at Denver, Colorado this 27th day of October, 2009. BY THE COURT:

Marcia S. Krieger United States District Judge