Suggs v. USA

Filing 12

ORDER DENYING 7 MOTION for Leave to Appeal in forma pauperis filed by Alonzo Suggs; DISMISSING AS MOOT 8 MOTION for Certificate of Appealability filed by Alonzo Suggs. Signed by Judge William D. Stiehl on 11/27/2013. (jst)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALONZO SUGGS,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

CIVIL NO. 13-CV-953-WDS

ORDER
STIEHL, District Judge:
Before the Court are petitioner=s motion for certificate of appealability (Doc. 8) and motion
for leave to appeal in forma pauperis (Doc. 7).
I. Motion for Certificate of Appealability
In its Order dismissing this case, the Court declined to issue a certificate of appealability
(Doc. 3). Petitioner has given the Court no basis upon which it could or should upset that ruling.
Accordingly, petitioner’s motion for Certificate of Appealability (Doc. 8) is DISMISSED AS
MOOT.
Petitioner may seek a Certificate of Appealabilty from the Seventh Circuit Court of
Appeals. See FED. R. APP. P. 22(b); 28 U.S.C. § 2253(c)(1).
II. Motion for Leave to Appeal In Forma Pauperis
Federal Rule of Appellate Procedure 24(a)(3) provides that a financially indigent person
may be granted leave to proceed on appeal in forma pauperis unless the court Acertifies that the
appeal is not taken in good faith.@ In other words, the court must determine Athat a reasonable
person could suppose that the appeal has some merit.@ Walker v. O=Brien, 216 F.3d 626, 632 (7th

Cir. 2000). The Court has not been persuaded that petitioner=s appeal has any merit, nor has his
appeal been taken in good faith. Accordingly, the Court DENIES petitioner=s motion for leave to
appeal in forma pauperis (Doc. 7).

IT IS SO ORDERED.
DATE: November 27, 2013
/s/ WILLIAM D. STIEHL
DISTRICT JUDGE

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