Buchanan v. Wiley

Filing 23

ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 20 Notice of Appeal by Steve Buchanan, by Judge Zita L. Weinshienk on 08/26/09. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01247-ZLW STEVE BUCHANAN, Applicant, v. RON WILEY, Warden, Federal Prison Camp - Florence, Respondent. 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 26th day of August, 2009. BY THE COURT:

ZITA L. WEINSHIENK, Senior Judge United States District Court