Blake v. USA

Filing 29

ORDER GRANTING 28 MOTION for Leave to Appeal in forma pauperis filed by Byron Blake. Signed by Judge G. Patrick Murphy on 11/7/2011. (ssd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BYRON BLAKE,
Petitioner/Defendant,
vs.
UNITED STATES OF AMERICA,
Respondent/Plaintiff.

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CIVIL NO. 09-555-GPM
CRIMINAL NO. 06-30146-01-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
This matter is before the Court on Petitioner Byron Blake’s motion and affidavit requesting
leave to proceed in forma pauperis on appeal. This Court previously denied Mr. Blake’s motion
for relief under 28 U.S.C. § 2255 and declined to issue a certificate of appealability.
It is clear that Mr. Blake is indigent, and the Court cannot find that the instant appeal is not
taken in good faith. See 28 U.S.C. § 1915(a)(3); see also Walker v. O’Brien, 216 F.3d 626, 631-32
(7th Cir. 2000) (explaining that the standard governing the issuance of a certificate of appealability
is more demanding than the standard for determining whether an appeal is taken in good faith for
purposes of proceeding in forma pauperis on appeal). Mr. Blake’s motion (Doc. 28) is GRANTED.
Because this is a collateral proceeding attacking Mr. Blake’s underlying conviction, the Court finds
that the filing fee provisions of 28 U.S.C. § 1915(b) do not apply. See generally Walker, 216 F.3d
at 628-29 (holding that the Prison Litigation Reform Act does not apply to any requests for collateral
relief under 28 U.S.C. §§ 2241, 2254, or 2255).
IT IS SO ORDERED.
DATED: 11/07/11
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G. PATRICK MURPHY
United States District Judge