DAVIS v. JOHNSON

Filing 101

ORDER DENYING 99 Motion for Leave to Appeal in forma pauperis. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 5/17/2016. (tlh)

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

MARK S. DAVIS,
Petitioner
VS.
Warden GLEN JOHNSON,
Respondent
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CIVIL NO. 5:14-CV-272-CAR

ORDER
Petitioner Mark S. Davis seeks to appeal the denial of his Petition for Writ of
Habeas Corpus and has filed a Motion for Leave to Proceed in forma pauperis on Appeal
(ECF No. 99). Petitioner’s Motion is now moot, as he has been denied a Certificate of
Appealability (“COA”). See Order, May 10, 2016, ECF No. 100. After a review of the
Notice of Appeal (ECF Nos. 94, 97) and the challenged Orders (ECF Nos. 52, 87), the
Court also cannot find that the appeal is taken in good faith. See 28 U.S.C. § 1915(a)(3)
(“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it
is not taken in good faith.”).
Petitioner’s Motion to Proceed in forma pauperis on Appeal is therefore DENIED.
SO ORDERED, this 17th day of May, 2016.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE