Jenkins v. USA

Filing 114

ORDER. Petitioner's MOTION for Leave to Appeal in forma pauperis (Doc. 113 ) is DENIED. The Clerk of Court is DIRECTED to forward a copy of the attached Order to the Seventh Circuit Court of Appeals. Signed by Judge David W. Dugan on 3/8/2021. (arm)

Case 3:18-cv-00610-DWD Document 114 Filed 03/08/21 Page 1 of 2 Page ID #422

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTWON DESHANE JENKINS,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 18-cv-610-DWD

MEMORANDUM AND ORDER
DUGAN, District Judge:

Leave to Appeal in Forma Pauperis
on and declined to issue a certificate of
appealability (Doc. 94). Judgement reflecting the same was entered on November 30,
2020 (Doc. 95). Petitioner filed his Notice of Appeal on December 8, 2020 (Doc. 96).
Petitioner filed an affidavit stating that he is unable to prepay the docket fees of his appeal
and has submitted a copy of his prison trust fund statement for the preceding 6 months,
reflecting an account balance of $1,578.42 (Doc. 113, p. 9).
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.
review of an issue that is not clearly frivolous, meaning th

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Case 3:18-cv-00610-DWD Document 114 Filed 03/08/21 Page 2 of 2 Page ID #423

Walker v. O’Brien, 216 F.3d 626, 632 (7th Cir.
2000); Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000).
aim of indigency.

In his affidavit,

Petitioner states that he has no assets and no expenses; however, Petitioner has a prison
trust fund account balance of $1,578.42. Moreover, a review of
statement shows semi-regular deposits from third parties. Therefore, the Court finds
Petitioner is not indigent and can pay the docket
Motion will be denied, and the Court need not
appeal is taken in good faith.
Disposition
in Forma Pauperis is DENIED. Petitioner
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). The Clerk of
Court is DIRECTED to forward a copy of this Order to the Seventh Circuit Court of
Appeals.
SO ORDERED.
Dated: March 8, 2021

______________________________
DAVID W. DUGAN
United States District Judge

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