Valdez v. Smelser
Filing
65
ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 62 Notice of Appeal by Nicholas Valdez, by Judge Marcia S. Krieger on 04/28/11. (bjrsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 09-cv-02203-MSK
NICHOLAS VALDEZ,
Applicant,
v.
RICHARD SMELSER, Warden, and
JOHN W. SUTHERS, The Attorney General of the State of Colorado,
Respondents.
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
Applicant has submitted a Notice of Appeal. Applicant previously was allowed to proceed in forma
pauperis pursuant to 28 U.S.C. ยง 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 this 28th day of April, 2011.
BY THE COURT:
Marcia S. Krieger
United States District Judge
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