PALMORE v. BARROW

Filing 22

ORDER denying 21 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Hugh Lawson on 9/23/2013. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION : DERALL B. PALMORE, : : Petitioner, : : VS. : : Warden DONALD BARROW, : : Respondent. : _____________________________________ NO. 7:12-CV-71 (HL) ORDER Before the Court is Petitioner DERALL B. PALMORE’S motion for leave to proceed in forma pauperis (“IFP”) on appeal (Doc. 21). On June 5, 2013 (Doc. 16), the undersigned adopted the recommendation of the Magistrate Judge that Petitioner’s 28 U.S.C. § 2254 motion be denied and that his motion for a certificate of appealability (“COA”) be denied. For the reasons stated in the Magistrate Judge’s recommendation, the Court finds that Petitioner does not have a non-frivolous issue for appeal. See 28 U.S.C. § 1915(a)(3). Accordingly, Petitioner’s motion to proceed IFP on appeal is DENIED. SO ORDERED, this 23rd day of September, 2013. s/ Hugh Lawson HUGH LAWSON UNITED STATES DISTRICT JUDGE cr

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