Boyce v. Lemke et al

Filing 11

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 4/22/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA ex rel.)
ANTOINE BOYCE #R-51888,
)
)
Petitioner,
)
)
v.
)
)
MICHAEL LEMKE, Warden,
)
)
Respondent.
)

No.

13 C 1923

MEMORANDUM ORDER
Antoine Boyce (“Boyce”) has filed a notice of appeal from
this Court’s March 14, 2013 memorandum order (“Order”) that
dismissed his attempted 42 U.S.C. §2254 (“Section 2254”) Petition
for Writ of Habeas Corpus because his three claims of asserted
constitutional deprivation were all matters of state criminal
law, which accordingly failed to meet either standard set out in
Section 2254(b).

Boyce has accompanied his notice of appeal with

two handprinted documents:

his Motion for Leave To Proceed In

Forma Pauperis (“Motion”) and his Application for a Certificate
of Appealability (“Application”).
As for the first, Boyce refers in Motion ¶2 to an “attached
certified statement of prison account”--but no such statement was
in fact attached (an absence confirmed by the electronic record
that reports the filed document as comprising only the four
handprinted pages of the Motion itself).

That of course makes it

impossible for this Court to make the 28 U.S.C. §1915 calculation
as to Boyce’s in forma pauperis posture.

Accordingly Boyce is

ordered to obtain and to submit to this Court as quickly as
possible the required statement of all transactions in his trust
fund account at Stateville Correctional Center, where he is now
incarcerated) for the period from October 1, 2012 through
March 31, 2013.
As for the certificate of appealability (“COA”), what this
Court said in its brief Order dispatching Boyce’s Petition
demonstrates that Boyce has not “made a substantial showing of
the denial of a constitutional right” as is required by 28 U.S.C.
§2253(c)(2), so that this Court denies the COA.

Boyce may tender

that issue to the Court of Appeals pursuant to Fed. R. App. P.
22(b)(1).

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

April 22, 2013

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