Ridley v. USA

Filing 37

ORDER denying 36 Motion for Leave to Appeal in forma pauperis. Signed by Judge David R. Herndon on 6/12/2018. (ceh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DONALD C. RIDLEY,
Petitioner,
No. 3:17-cv-00190-DRH-2

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM and ORDER
HERNDON, District Judge:
Before the Court is petitioner Donald Ridley’s (“petitioner”) Motion for
Leave to Appeal in Forma Pauperis.

[Doc. 36].

On April 9, 2018, the Court

dismissed petitioner’s motion to vacate, set aside, or correct sentence pursuant to
28 U.S.C. § 2255. [Doc. 29]. The Clerk of the Court entered judgment reflecting
the same on April 10, 2018. [Doc. 30]. Petitioner filed a notice of appeal of both
the Order and the judgment on June 6, 2018 (doc. 31), along with his motion for
leave to appeal in forma pauperis. Based on the following, the Court DENIES the
motion to proceed in forma pauperis on appeal. [Doc. 36].
Rule 24 of the Federal Rules of Appellate Procedure provides that a party to
an action in federal district court who desires to appeal IFP must first file a
motion in the district court requesting leave to appeal without payment of fees
and costs. See Fed. R. App. P. 24(a)(1). The motion must be supported by an
affidavit that: (1) shows the party’s inability to pay or to give security for fees and

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costs; (2) claims an entitlement to redress; and (3) states the issues that the party
intends to present on appeal. See id. An appeal may not be taken IFP if the
district court certifies in writing that the appeal is not taken in good faith. See 28
U.S.C.§ 1915(a)(3); Coppedge v. United States, 369 U.S. 438, 444 (1962). An
appeal is in good faith if it raises legal points that are reasonably arguable on their
merits.

See Neitzke v. Williams, 490 U.S. 319, 325 (1989) (citing Anders v.

California, 386 U.S. 738, 744 (1967)). To appeal in bad faith, on the other hand,
means to appeal “on the basis of a frivolous claim, which is to say a claim that no
reasonable person could suppose have any merit.” Lee v. Clinton, 209 F.3d 1025,
1026 (7th Cir. 2000).
The Court will not address the question of whether petitioner is indigent
because petitioner’s appeal is not taken in good faith.

Petitioner’s Notice of

Appeal states only that petitioner appeals “the final judgment.”

[Doc. 31].

Likewise, petitioner’s motion to appeal IFP fails to identify any specific issues on
appeal.

[Doc. 36].

Petitioner has not articulated any entitlement to relief or

identified the issue that he intends to present on appeal. Thus his motion fails to
meet the criteria set out in Fed. R. App. P. 24(a)(1). As petitioner has failed to set
out a reasonably arguable legal position, the Court presumes that the appeal is
taken in bad faith.
Accordingly, the Court DENIES petitioner’s request for leave to proceed IFP
on appeal (doc. 36) and certifies that his appeal is not taken in good faith.
Petitioner Ridley shall tender the appellate filing and docketing fee of $505.00 to

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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.
IT IS SO ORDERED.

Judge Herndon
2018.06.12
15:10:08 -05'00'
United States District Judge

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