Baldwin v. USA

Filing 11

OPINION AND ORDER: Mr. Baldwin's motion for leave to proceed in forma pauperis on appeal [Doc. No. 66 in 3:17cr70][Doc. No. 10 in 3:18cv420] and implied request for a certificate of appealability are DENIED. Signed by Judge Robert L Miller, Jr on 12/18/2019. (Copy mailed to pro se party)(rmc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION

JOHN ANTHONY BALDWIN, JR.,
Petitioner
vs.
UNITED STATES OF AMERICA,
Respondent

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CAUSE NO. 3:18-CV-420 RLM
(Arising out of 3:17-CR-70 RLM)

OPINION and ORDER
Defendant John Baldwin, Jr., filed an appeal challenging the court’s
October 9, 2019 order denying his motion to vacate under 28 U.S.C. § 2255. His
motion to proceed in forma pauperis on appeal and implied request for a certificate
of appealability are before the court.
Issuance of a certificate of appealability requires the court to find that Mr.
Baldwin has made “a substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2). He hasn’t done 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.” Fed. R. App. P. 24(a)(3). 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). The court would be
hard-pressed to make such a finding in this case, and concludes that his appeal
is not taken in good faith.

Based on the foregoing, Mr. Baldwin’s motion for leave to proceed in forma
pauperis on appeal [Doc. No. 66 in 3:17cr70][Doc. No. 10 in 3:18cv420] and
implied request for a certificate of appealability are DENIED.
SO ORDERED.
ENTERED:

December 18, 2019

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

cc:

J. Baldwin

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