Glenn v. Danforth
Filing
38
ORDER denying 31 Motion for Reconsideration ; denying 37 Motion for Leave to Appeal in forma pauperis. Signed by Judge J. Randal Hall on 10/22/2014. (thb)
IN THE UNITED
STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
EARLY GLENN,
*
Petitioner,
*
*
*
vs.
CV
113-118
*
WILLIAM DANFORTH,
*
*
Respondent.
*
ORDER
Before
the
Court
reconsideration of
U.S.C.
for
Petitioner's
a certificate of
§ 2253(c)(2)"
leave to appeal
motions
are
(doc. no.
31),
"request
for
appealability under 28
and Petitioner's motion
in forma pauperis
(doc.
no.
37).
Both
are DENIED.
I.
MOTION
FOR RECONSIDERATION
On July 22, 2013, Petitioner sought relief in this Court
under 28 U.S.C. § 2254. On August 6, 2014, the Court granted
Respondent's motion to dismiss and denied a certificate of
appealability
(COA).
(Doc.
no.
29.)
Shortly
thereafter,
Petitioner filed a motion for reconsideration of the denial of
the COA.
(Doc.
no.
31.)
He argues that the Court should now
grant the COA because he has made a substantial showing of the
denial
of
a
2253(c)(2).
constitutional
right
pursuant
to
28
U.S.C.
§
The issues Petitioner raises in his motion were
addressed and resolved in the
Court's August
6 Order.
His
motion is therefore DENIED.
II.
MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS
In the Court's August 6 Order, the Court held that "there
are
no
would
non-frivolous
not
entitled
be
to
1915(a)(3)."
issues
to
taken
in
good
appeal
in
forma
(Doc.
no.
29.)
raise
faith
on appeal,
and
an appeal
Petitioner
pauperis.
See
On August 27,
28
2014,
is
not
U.S.C.
§
Petitioner
filed in this Court a motion to proceed in forma pauperis.
(Doc.
no.
37.)
"An appeal may not be
taken
in
forma
pauperis
if the
trial court certifies in writing that it is not taken in good
faith." 28 U.S.C.
§ 1915(a)(3).
Upon due consideration,
consistent with this Court's August 6 Order,
that
an
appeal
in
this
matter
would
not
be
and
the Court finds
taken
in
good
faith. Therefore the Court hereby DENIES Defendant's motion to
proceed in forma pauperis.
III.
(Doc.
no.
37.)
CONCLUSION
Accordingly, the Court DENIES Petitioner's "request for
reconsideration" (doc. no. 31), and DENIES Petitioner's motion
to proceed in forma pauperis (doc. no. 37).
ORDER ENTERED at Augusta,
October,
Georgia,
this
^—day of
2014.
Unitedjstates District Judge
Southern District of Georgia
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