Chapman v. USA

Filing 46

MEMORANDUM AND ORDER, The Court DENIES Chapmans motion for leave to proceed on appeal in forma pauperis (Doc. 45 ) and DIRECTS the Clerk of Court to send a copy of this order to the Court of Appeals in conjunction with Appeal No. 14-2994. Signed by Judge J. Phil Gilbert on 10/20/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONDALE LEE CHAPMAN,
Petitioner,
v.

Civil No. 13-cv-384-JPG

UNITED STATES OF AMERICA,

Criminal No 11-cr-40031-JPG

Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Rondale Lee Chapman’s motion for leave
to proceed on appeal in forma pauperis (Doc. 45). A federal court may permit a party to proceed
on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in
good faith. 28 U.S.C. § 1915(a)(1) & (3); Fed. R. App. P. 24(a)(3)(A). A frivolous appeal
cannot be made in good faith. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). The test
for determining if an appeal is in good faith or not frivolous is whether any of the legal points are
reasonably arguable on their merits. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (citing Anders
v. California, 386 U.S. 738 (1967)); Walker v. O’Brien, 216 F.3d 626, 632 (7th Cir. 2000).
The Court is satisfied from Chapman’s affidavit that he is indigent. However, for the
reasons the Court denied Chapman’s § 2255 motion and a certificate of appealability, the Court
finds the legal points he wishes to appeal are not reasonably arguable on their merits.
Accordingly, the Court DENIES Chapman’s motion for leave to proceed on appeal in forma
pauperis (Doc. 45) and DIRECTS the Clerk of Court to send a copy of this order to the Court of
Appeals in conjunction with Appeal No. 14-2994.
IT IS SO ORDERED.
DATED: October 20, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE