BOYD v. HART

Filing 28

ORDER DENYING 27 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 8/23/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

JAMES EDWARD BOYD,
Petitioner,
VS.
Warden J. DARRELL HART,
Respondent.
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NO. 5:11-CV-459 (MTT)

ORDER

Before the Court is Petitioner JAMES EDWARD BOYD’S motion for leave to
proceed in forma pauperis on appeal (Doc. 27). The Court received Petitioner’s motion
the day after the Eleventh Circuit Court of Appeals dismissed Petitioner’s appeal for his
failure timely to file this motion (Doc. 26). Both because the Eleventh Circuit has
dismissed the appeal and because Petitioner fails to raise a non-frivolous issue on
appeal, see 28 U.S.C. § 1915(a)(3), the Court hereby DENIES the instant motion.
SO ORDERED, this 23rd day of August, 2013.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
cr