Joslin v. Hulett et al

Filing 29

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 1/25/2012. Mailed notice(vcf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
NISHI A. JOSLIN,
Petitioner,
v.
MELODY HULETT,
Respondent.

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No. 11 C 6575
USCA No. 12-1049

MEMORANDUM ORDER
On November 30, 2011 this Court issued a brief memorandum
order (“Order”) that dismissed the self-prepared Petition for
Writ of Habeas Corpus (“Petition”), brought by petitioner Nishi
Joslin (“Joslin”), as having been untimely filed.

After Joslin

filed a Notice of Appeal from that dismissal, this Court issued a
January 5, 2012 statement denying a certificate of appealability
(“COA”) on the ground that nothing that Joslin had asserted in
her application for a COA “alters the undisputed facts that
confirm the untimeliness of her federal Petition, as explained in
the Order.”
On January 23 Joslin mistakenly filed in the Court of
Appeals a motion to proceed on appeal in forma pauperis, and the
Court of Appeals has caused that motion to be transferred to this
Court.

Although Johnson would qualify for in forma pauperis

status in purely financial terms, thus incurring the obligation
under 28 U.S.C. §1915 to pay the $455 in filing fees on an
installment basis, the caselaw from our Court of Appeals

conditions such status on the assertion of a nonfrivolous claim
as well as the inability to pay the full filing fee up front.
This Court’s view is that Joslin has failed that test of
nonfrivolousness in the legal sense, and it therefore denies her
in forma pauperis motion.

That issue can however be submitted to

the Court of Appeals for its consideration, for which purpose its
January 24 order reminds Joslin that the motion would have to be
refiled in that court pursuant to Fed. R. App. P. 24.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

January 25, 2012

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