Stokes v. Butler

Filing 39

ORDER finding as moot 33 Motion for Certificate of Appealability; Denying 35 Motion for Leave to Appeal in forma pauperis. Signed by Judge David R. Herndon on 1/26/2018. (ceh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARCELL STOKES,
Petitioner,
vs.

No. 15-cv-00967-DRH-CJP

KIMBERLY BUTLER,
Respondent.

MEMORANDUM and ORDER
HERNDON, District Judge:
Pending before the Court is Marcell Stokes’ (“petitioner”) motion to proceed
in forma pauperis on appeal (doc. 35) and motion for certificate of appealability
(doc. 33). On January 11, 2018, the Court denied and dismissed petitioner’s 28
U.S.C. § 2254 petition with prejudice and declined to issue a certificate of
appealability (doc. 31). The Clerk of the Court entered judgment (doc. 32). On
January 25, 2018, petitioner filed a notice of appeal and the aforementioned
motions. Based on the following, the Court DENIES the motion to proceed in

forma pauperis on appeal (Doc. 35) and DENIES as moot the motion for
certificate of appealability.
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.
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O’Brien, 216 F.3d 626, 632 (7th Cir. 2000) (citing Lee v. Clinton, 209 F.3d 1025,
026 (7th Cir. 2000)). No reasonable person could reach the conclusion that the
appeal is taken in good faith as the Court found one of petitioner’s claims
meritless and found several of his claims to be procedurally defaulted.
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in

forma pauperis on appeal (doc. 35) is DENIED. Petitioner Stokes shall tender the
appellate filing and docketing fee of $505.00 to the Clerk of the Court in this
District within THIRTY (30) days of the date of the entry of this Order or he may
reapply with the Seventh Circuit Court of Appeals for leave to proceed in forma

pauperis on appeal. Lastly, the Court DENIES as moot the motion for certificate
of appealability (doc. 33) as the Court previously declined the certificate.

Judge Herndon
2018.01.26
16:01:02 -06'00'

IT IS SO ORDERED.

United States District Judge

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