Russell v. USA

Filing 27

ORDER denying 26 Motion for Leave to Appeal in forma pauperis. Signed by Chief Judge David R. Herndon on 12/17/12. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNEDY M. RUSSELL, SR.,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

No. 12-1016-DRH
MEMORANDUM and ORDER

HERNDON, Chief Judge:
On November 30, 2012, the Court denied Russell’s motion for leave to appeal
in forma pauperis on appeal (Doc. 22). In that Order, the Court directed Russell to
either pay the appellate filing and docketing fee of $455 to the Clerk of the Court in
this District or to re-file the motion for leave to proceed in forma pauperis on appeal
with the Seventh Circuit Court of Appeals. Now before the Court is another motion
to proceed in forma paueris on appeal filed on December 14, 2012 (Doc. 26).1 The
Court’s reasoning for denying leave to proceed in forma pauperis on appeal has not
changed in the past two weeks. The Court denied Russell’s motion for bond pending
the resolution of his28 U.S.C. § 2245 petition and Russell has offered no argument
indicating why this Court’s conclusion was incorrect. Therefore, the Court again

1

The title of the motion indicates that Russell may have intended to file this motion with the
Seventh Circuit Court of Appeals and not this Court. The motion is titled: “LEAVE TO APPEAL IN
FORMA PAUPERIS IN THE APPEAL COURT.” However, the caption of the pleading contains the
Southern District of Illinois as the Court.

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CERTIFIES that this appeal is not taken in good faith; accordingly, the motion for
leave to proceed in forma pauperis on appeal is DENIED. Russell shall tender the
appellate filing and docketing fee of $455 to the Clerk of Court in this District, or he
may re-file the motion with the Seventh Circuit Court of Appeals.
IT IS SO ORDERED.
Signed this 17th day of December, 2012.

Digitally signed by
David R. Herndon
Date: 2012.12.17
10:24:26 -06'00'
Chief Judge
United States District Court

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