Ewing v. USA

Filing 29

ORDER DENYING Motion for Leave to Appeal in forma pauperis filed by Antoine L. Ewing (Doc. 28 ). Signed by Judge Staci M. Yandle on 10/7/2020. (mah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

ANTOINE L. EWING,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 17-cv-1286-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Petitioner Antoine L. Ewing filed a habeas corpus petition pursuant to 28 U.S.C. § 2255
collaterally attacking his career offender designation and alleging ineffective assistance of counsel
(Docs. 1, 2). This Court denied the petition (Doc. 19) and Ewing has appealed to the Seventh
Circuit Court of Appeals (See Doc. 22). Now pending before the Court is Ewing's Motion for
Leave to Appeal in Forma Pauperis (“IFP”) (Doc. 28).
A federal court may permit a party to proceed on appeal without full pre-payment of fees
provided the party is indigent and the appeal is taken in good faith. 28 U.S.C. § 1915(a)(1) & (3);
FED. R. APP. P. 24(a)(3)(A). An appeal is taken in “good faith” if it seeks review of any issue that
is not clearly frivolous, meaning that a reasonable person could suppose it to have at least some
legal merit. Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000).
Ewing's affidavit in support of his request to proceed IFP on appeal is incomplete.
Specifically, he failed to attach a certified statement showing all receipts, expenditures, and
balances during the last six months for his institutional accounts. Consequently, the Court is
unable to ascertain whether he qualifies for indigent status. Additionally, because Ewing failed to
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specify the basis for his appeal in either his IFP motion or his Notice of Appeal, the Court cannot
discern the issues he intends to raise on appeal.
Accordingly, Petitioner’s Motion for Leave to Appeal in Forma Pauperis is DENIED. He
is ADVISED that he has 30 days from service of this Order to file a motion to proceed in forma
pauperis on appeal in the Court of Appeals. FED. R. APP. P. 24(a)(5).
IT IS SO ORDERED.
DATED: October 7, 2020

STACI M. YANDLE
United States District Judge

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