Cardona v. USA

Filing 128

OPINION AND ORDER: Plf Jose Cristobal Cardona has filed a motion for leave to appeal without paying the filing fee. (DE 126 .) Court ORDERS that the motion is DENIED. Signed by Judge Karen K. Caldwell on 11/9/2020. (RCB) cc: COR, 6CCA and Jose Cristobal Cardona by US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION -- PIKEVILLE
JOSE CRISTOBAL CARDONA,

CIVIL NO. 7:16-69-KKC

Plaintiff,
v.

OPINION AND ORDER

UNITED STATES OF AMERICA,
Defendant.

Plaintiff Jose Cristobal Cardona has filed a motion for leave to appeal without paying
the filing fee. (DE 126.) He has filed a notice of appeal seeking review of this Court’s July 6,
2020 order that denied his motion for reconsideration of the Court’s adoption of the
magistrate judge’s Recommended Disposition. (DE 123.) The Court hereby ORDERS that
the motion is DENIED.
A party moving to appeal in forma pauperis must attach to his motion an affidavit
that: 1) shows in the detail prescribed by Form 4 of the Appendix of Forms to the Federal
Rules of Appellate Procedure the individual's inability to pay or give security for fees and
costs; 2) claims an entitlement to redress; and 2) states the issues the party intends to present
on appeal. Fed. R. App. 24(a)(1).
Cardona has not filed the required affidavit. Further, the Court cannot grant pauper
status if it finds the appeal is not taken in good faith. 28 U.S.C.A. § 1915(a)(3). Cardona has
set forth no issue he intends to present on appeal. Accordingly, the Court finds that the
appeal is not taken in good faith. The motion must be DENIED.
Dated November 09, 2020