Gowans v. Crews

Filing 26

MEMORANDUM OPINION & ORDER: It is ordered that 25 MOTION for Leave to Appeal in forma pauperis is DENIED without prejudice to a request for such relief in the 6CCA. Signed by Judge Joseph M. Hood on 9/13/2012.(SCD)cc: COR,6CCA

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
JAMES EVERETT GOWANS,
Petitioner,
v.
COOKIE CREWS, Warden, et al.,
Defendants.

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Civil Case No. 11-311-JMH-CJS

MEMORANDUM OPINION & ORDER

***
Petitioner has filed a Motion for Leave to Appeal In Forma
Pauperis [DE 25].

The Court has, however, declined to issue a

certificate of appealability in this matter, and that decision
remains intact [DE 18].

By declining to issue a certificate of

appealability and stating its reasons in writing, this Court has
certified

that

an

appeal

would

not

be

taken

in

good

faith.

Thus, Petitioner is placed in a position where he must seek
further authorization to proceed on appeal in forma pauperis
under Fed. R. App. P. 24(a)(3)(A), notwithstanding his earlier
status in forma pauperis before any other Court.

As the Court

understands Fed. R. App. P. 24(a)(3), (4), and (5), any further
request

to

proceed

on

appeal

in

forma

pauperis

is

properly

addressed to the Sixth Circuit Court of Appeals.
Accordingly,

IT

IS

ORDERED

that

Petitioner’s

Motion

for

Leave to Appeal In Forma Pauperis [DE 25] is DENIED without

prejudice to a request for such relief in the Sixth Circuit
Court of Appeals.
This the 13th day of September, 2012.