Reed v. Hammers

Filing 26

ORDER denying 21 Motion for Leave to Appeal in forma pauperis and denying as moot 22 Motion. See Order for details. Signed by Judge David R. Herndon on 3/21/2018. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LENN D. REED,
Petitioner,
v.

No. 15-0835-DRH

KEVIN KINK,
Respondent.

GLENN W. REED,
Petitioner,
v.

No. 15-0872-DRH

ROBERT MUELLER.
Respondent.
MEMORANDUM and ORDER
HERNDON, District Judge:
Pending before the Court are the Reeds’ March 20, 2018 motions to proceed
in forma pauperis on appeal (Docs. 39 & 21, respectively) and motions requesting
for the record on appeal be prepared (Docs. 38 & 22, respectively). On January
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11, 2018, the Court denied and dismissed with prejudice the Reeds’ 28 U.S.C. §
2254 petitions (Docs. 31 & 16, respectively) and Judgments reflecting the same
were entered the same day (Docs. 32 & 17, respectively).

Based on the following,

the Court denies the motions to proceed in forma pauperis as the appeals are not
taken in good faith and denies as moot the motions requesting the record on appeal
be prepared.
According to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma
pauperis if the trial court certifies in writing that it is not taken in good faith.” Id.
To determine that an appeal is taken in good faith, the Court “need only find that a
reasonable person could suppose that the appeal has some merit.” Walker v.
O’Brien, 216 F.3d 626, 632 (7th Cir. 2000) (citing Lee v. Clinton, 209 F.3d 1025,
026 (7th Cir. 2000)). Here, the Court finds that no reasonable person could reach
the conclusion that the appeals are taken in good faith as the Court found that the
petitioners’ petitions were untimely and procedurally defaulted and that they have
not advanced a credible claim of actual innocence. No reasonable jurist would find
the issue debatable.
IT IS HEREBY ORDERED that the Reeds’ motions for leave to proceed in
forma pauperis on appeal (Docs. 39 & 21, respectively) are DENIED. The Reeds
shall tender the appellate filing and docketing fee of $505.00 (each) to the Clerk of
the Court in this District within THIRTY (30) days of the date of the entry of this
Order or they may reapply with the Seventh Circuit Court of Appeals for leave to
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proceed in forma pauperis on appeal. Further, the Court DENIES as moot the
motions requesting for the record on appeal to be prepared (Docs. 38 & 22,
respectively) as the Clerk of the Court routinely prepares the records for every case
on appeal.
IT IS SO ORDERED.

Judge Herndon
2018.03.21
15:03:31 -05'00'
United States District Judge

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