Brooks v. USA

Filing 8

OPINION AND ORDER re 5 Notice of Appeal. The court DENIES issuance of a certificate of appealability and that Mr. Brooks' be permitted to proceed in forma pauperis on appeal. Signed by Judge Robert L Miller, Jr on 3/14/2016. (cc: Brooks, Schmid, USCA)(rmc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
SHAUN BROOKS, JR.,
Petitioner
vs.
UNITED STATES OF AMERICA,
Respondent

)
)
)
)
)
)
)
)
)

CAUSE NO. 3:14-CV-2011 RM
(Arising out of 3:11-CR-56 RM)

OPINION and ORDER
On January 28, 2016, the court denied Shaun Brooks’ petition filed
pursuant to 28 U.S.C. § 2255. Mr. Brooks has filed an appeal of that order, which
requires the court to consider whether a certificate of appealability should be
issued and Mr. Brooks be permitted to proceed in forma pauperis on his appeal.
Issuance of a certificate of appealability requires the court to find that Mr.
Brooks has made “a substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2). He hasn’t done so. Mr. Brooks didn’t establish any
prejudice on his claims of ineffective assistance of counsel as required by
Strickland v. Washington, 466 U.S. 668, 687 (1984), so his request for a certificate
of appealability will be denied.
Federal Rule of Appellate Procedure 24(a)(3) provides that a financially
indigent person may be permitted to proceed on appeal in forma pauperis unless
the court “certifies that the appeal is not taken in good faith.” In other words, the
court must determine “that a reasonable person could suppose that the appeal

has some merit.” Walker v. O’Brien, 216 F.3d 626, 632 (7th Cir. 2000). Because
no reasonable person could find that Mr. Brooks’ appeal has any merit, the court
concludes that his appeal is not taken in good faith, and his request for pauper
status must be denied.
Based on the foregoing, the court DENIES issuance of a certificate of
appealability and that Mr. Brooks’ be permitted to proceed in forma pauperis on
appeal.
SO ORDERED.
ENTERED:

March 14, 2016

/s/ Robert L. Miller, Jr.
Judge, United States District Court
cc:

S. Brooks
AUSA Schmid

2