Covington v. United States of America

Filing 25

ORDER: The Court's prior Order 22 terminating the Motion for Leave to Appeal in Forma Pauperis is VACATED. Movant's Motion for Leave to Appeal in Forma Pauperis 8 is DENIED. Signed by Judge James S. Moody, Jr. on 7/27/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ROBERT CURTIS COVINGTON,
Plaintiff,
v.

Case No: 8:16-cv-3371-T-30TBM

UNITED STATES OF AMERICA,
Defendant.

ORDER
THIS CAUSE comes before the Court on Movant's Motion for Leave to Appeal in
Forma Pauperis (Doc. 8). The Court previously terminated this Motion (Doc. 22) based on
the Eleventh Circuit’s dismissal of Movant’s appeal. (Doc. 21). But it appears the
termination was in error. 1 The Court hereby vacates its prior order (Doc. 22) and enters
this order in its stead.
In order to appeal in forma pauperis, a petitioner must show that he is both
financially impoverished and that there is a non-frivolous basis for his appeal. Cordell v.
Pac. Indem. Co., 335 F. App'x 956, 958 (11th Cir. 2009). Movant seeks to proceed in forma
pauperis on his appeal of the Order dismissing his section 2255 motion (Doc. 2) and the
Order denying reconsideration (Doc. 5). The Court explained in its Order that Movant’s

1

Movant had two appeals pending in this case: 17-11405-G and 17-12103-E. The Motion
to Appeal in Forma Pauperis was for appeal 17-11405-G, which is still pending; the Eleventh
Circuit dismissed appeal 17-12103-E.

section 2255 motion was dismissed because he failed to get authorization from the Eleventh
Circuit to file a second or successive section 2255 motion. (Doc. 2). In fact, Movant alleged
he requested authorization to file a second section 2255 motion that the Eleventh Circuit
denied. Based on these allegations, the Court concludes the basis for Movant’s appeal is
frivolous, and, therefore, denies his Motion for Leave to Appeal in Forma Pauperis.
Accordingly, it is ORDERED AND ADJUDGED that:
1.

The Court’s prior Order (Doc. 22) terminating the Motion for Leave to
Appeal in Forma Pauperis is VACATED.

2.

Movant's Motion for Leave to Appeal in Forma Pauperis (Doc. 8) is
DENIED.

DONE and ORDERED in Tampa, Florida, this 26th day of July, 2017.

Copies furnished to:
Counsel/Parties of Record

2