United States of America v. Obaei

Filing 55

MEMORANDUM Order. Signed by the Honorable Milton I. Shadur on 11/5/2015.Mailed notice(rm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.
HOSSEIN OBAEI,
Defendant.

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Case No. 13 C 8985
(05 CR 254)

MEMORANDUM ORDER
This Court's October 6, 2015 memorandum order determined that Hossein Obaei
("Obaei") does not qualify for in forma pauperis ("IFP") status in connection with his appeal
from this Court's rejection of his 28 U.S.C. § 2255 1 motion that challenged his conviction on
nearly 100 counts covering a host of criminal offenses. Although this memorandum order
reconfirms what that earlier order characterized as "several significant facts" that support that
determination, a remedy different from that proposed in the earlier order appears better suited to
address the situation. Accordingly the ordering portion of the October 6 memorandum order is
withdrawn and replaced by a more simple order under which Obaei's In Forma Pauperis
Application is denied and he is ordered to pay the entire aggregate appellate filing fee of $505 on
or before March 5, 2016.
As a final matter at this District Court level in connection with Obaei's appeal, this Court
has reviewed its substantive June 16, 2015 memorandum opinion and order and its brief July 15
memorandum order, which together rejected all of Obaei's multiple grounds advanced in his
1

All further references to Title 28's provisions will simply take the form "Section --,"
omitting the prefatory "28 U.S.C. §."

Section 2255 motion on the merits, and it denies a certificate of appealability pursuant to Rule
11(a) of the Rules Governing Section 2255 Proceedings for the United States District Courts
because none of the grounds advanced by Obaei satisfied the showing required by Section
2253(c)(2). In accordance with Rule 11(a), Obaei is advised that he may seek a certificate of
appealability from our Court of Appeals under Fed. R. App. P. 22.

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Milton I. Shadur
Senior United States District Judge
Date: November 5, 2015

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