Barnes v. IDOC et al

Filing 101

ORDER: Diamond LaNeil Barnes' Motion for Leave to Appeal in forma pauperis (Doc. 100 ) is GRANTED. Signed by Judge Staci M. Yandle on 5/19/2023. (jlpe).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DIAMOND LANEIL BARNES,

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Petitioner,
vs.
JEFF HUTCHINSON, et al,
Respondents.

Case No. 16-CV-798-SMY

ORDER
YANDLE, District Judge:
In July 2016, Barnes filed a habeas petition challenging his sentence under 28
U.S.C. § 2254. After the issues were fully briefed and considered, the Court denied Barnes’
Petition as untimely and dismissed this case in April 2017 (Docs. 29, 35). Barnes filed a Notice
of Appeal on June 23, 2017 (Doc. 43). The Seventh Circuit Court of Appeals issued its Mandate
in January 2018, dismissing Barnes’ appeal on the merits, finding that his Petition was “plainly
untimely” (Doc. 66-1, p. 1). Barnes then filed a Motion to Re-Open Judgment (Doc. 90). This
Court denied that motion on February 8, 2023 (Doc. 93). Now before the Court is Barnes’ Motion
for Leave to Appeal in Forma Pauperis ("IFP") (Doc. 100).
A motion for leave to appeal IFP in a criminal case is governed by the Criminal Justice
Act, 18 U.S.C. § 3006A. The only inquiry that is relevant is a defendant’s financial ability to retain
counsel. United States v. Dunham, 922 F.3d 847 (7th Cir. 2019) (Wood, C.J., in chambers).
Barnes has provided necessary details regarding his financial condition, from which the Court
finds that he is indigent and unable to retain counsel (Doc. 100). Accordingly, his Motion for
Leave to Proceed on Appeal IFP is GRANTED.

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IT IS SO ORDERED.
DATE: May 19, 2023
STACI M. YANDLE
United States District Judge

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