Hall v. Superintendent

Filing 16

ORDER DENYING re 15 MOTION for Leave to Appeal in forma pauperis. Signed by Senior Judge James T Moody on 11/08/2017. (Copy mailed to pro se party)(sct)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION OSCAR HALL, Petitioner, v. SUPERINTENDENT, Respondent. ) ) ) ) ) ) ) ) ) No. 3:17 CV 263 ORDER Oscar Hall, a pro se prisoner, filed a notice of appeal challenging the dismissal of his habeas corpus petition. He now seeks leave to proceed in forma pauperis on appeal. Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.” An appeal is not taken in good faith if it is frivolous. See Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000) (“[T]o sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit.”). This appeal is not taken in good faith. Hall’s habeas petition was dismissed as untimely. (DE # 5.) In Hall’s motion to reconsider, he argued that he was not challenging his criminal conviction, but rather a civil counterclaim he filed in state court. This court denied his motion to reconsider on the basis that Hall may not challenge a civil state court proceeding through his habeas corpus petition. (DE # 14.) Thus, because Hall’s petition has no proper legal basis, his appeal is legally frivolous and not taken in good faith. For these reasons, Hall’s motion for leave to proceed in forma pauperis (DE # 15) is DENIED. SO ORDERED. Date: November 8, 2017 s/James T. Moody JUDGE JAMES T. MOODY UNITED STATES DISTRICT COURT 2

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