Pruitt v. Hooks et al

Filing 29

ORDER denying 28 Motion for Reconsideration. Signed by Judge J. Randal Hall on 03/13/2015. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
*

KENNETH CLARK PRUITT,
*
*

Petitioner,

*

*

v.

CV

114-120

*
*

BRAD HOOKS,
*
*

Respondent.
ORDER

Presently

before

Reconsideration

(Doc.

27)

(Doc.

(Doc.

the

28.)

Court

of

is

Petitioner's

Motion

this Court's February 25,

2 015 Order

25).

On

denying his request to appeal

for

December

23,

2014,

the

Court

petition and closed this case.
Court

determined

because

"an

U.S.C.

§

that

appeal

would

1915(a)(3).

not

denied

(Doc.

Petitioner

be

(Id.)

in forma pauperis

18.)

was

not

taken

(Doc.

25),

reconsideration

of

which
its

the

Petitioner's

entitled

in

good

December

23,

2014

2254

appeal

to

as

Order

under

this

leave

construed

to

faith"

Notwithstanding

Court

§

At the same time, the

Petitioner subsequently filed a motion for

appeal

("IFP")

(Doc.

28

finding,

file

a

IFP

an

IFP

motion

for

27).

As

Petitioner failed to raise any grounds justifying reconsideration
in

his

motion

or

denied the motion.

Now,

for

reconsider his

the

in

his

notice

of

appeal

(Doc.

20),

the

Court

(Id.)

second

right

to

time,

appeal

Petitioner

IFP,

which

asks

is

the

Court

grounded

to

in the

Court's December 23, 2014 finding that there are no non-frivolous

issues to raise on appeal.

He contends that "an appeal would be

taken in good faith" and he is "excused from full compliance with
technical

compliance."

procedural

(Doc.

rules,

28.)

provided

there

Neither argument

is

substantial

is persuasive,

they present any grounds justifying reconsideration of

of

Petitioner's

frivolous

case

issues.

and

the

related

Accordingly,

Reconsideration is DENIED.

(Doc.

right

to

appeal

Petitioner's

nor do

the merits

IFP

non-

Motion

for

28.)

ORDER ENTERED at Augusta, Georgia, this

f 81j> day of March,

2015.

HONO^Zy3pf J. RANp&L HALL

UNITED^STATES DISTRICT JUDGE
§RN DISTRICT OF GEORGIA