Martinez v. Abbott et al

Filing 17

ORDER Denying In Forma Pauperis after Review re: 11 Notice of Appeal filed by Enrique Jaramillo Martinez by Judge Zita L. Weinshienk on 02/11/09. (bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02736-ZLW ENRIQUE JARAMILLO MARTINEZ, Applicant, v. JAMES E. ABBOTT, Warden C.T.C.F., and JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents. ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Weinshienk, Senior Judge Applicant has submitted a Notice of Appeal. Applicant previously was allowed to proceed in forma pauperis pursuant to 28 U.S.C. 1915 in this court in this action. The court has examined the file and has determined that leave to proceed in forma pauperis on appeal must be denied. Pursuant to Rule 24(a)(3) of the Federal Rules of Appellate Procedure, the court finds that this appeal is not taken in good faith because applicant 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 leave to proceed in forma pauperis on appeal is denied because this appeal is not taken in good faith. DATED at Denver, Colorado this 11th day of February, 2009. BY THE COURT: ZITA L. WEINSHIENK, Senior Judge United States District Court

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