Hart v. Webb

Filing 22

MEMORANDUM AND ORDER denying 19 Motion for Leave to Appeal in forma pauperis; transferring 21 Motion for Certificate of Appealability to Sixth Circuit Court of Appeals. Signed by Judge Thomas B. Russell on 11/6/08. cc:counsel (KJS)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH CIVIL ACTION NO. 5:07CV-P28-R JOEY HART v. PATTI R. WEBB, WARDEN MEMORANDUM AND ORDER This matter is before the Court on Petitioner/Appellant's motion for certificate of appealability and motion to proceed on appeal in forma pauperis. Because the Court already denied a certificate of appealability in its August 26, 2008, Order denying Petitioner's motion to alter or amend (DN 18), IT IS ORDERED that the motion for certificate of appealability (DN 21) is TRANSFERRED to the Sixth Circuit Court of Appeals for consideration. Those same reasons that caused the Court to deny the motion to alter or amend and deny a certificate of appealability also compel the Court to certify that the appeal is frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3); Coppedge v. United States, 369 U.S. 438, 445 (1962) (explaining that good faith is demonstrated when a petitioner "seeks appellate review of any issue not frivolous"). Accordingly, IT IS FURTHER ORDERED that the motion to proceed on appeal in forma pauperis (DN 19) is DENIED. Within 30 days of entry of this Order, Petitioner/Appellant must either pay the $455.00 appellate filing fee to the Clerk of the District Court or file a motion to proceed in forma pauperis in the United States Court of Appeals for the Sixth Circuit in accordance with Fed. R. App. P. 24(a). See Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997). Should Petitioner/ RESPONDENT/APPELLEE PETITIONER/APPELLANT

Appellant decide to pay the full $455.00 appellate filing fee, payment must be made payable to Clerk, U.S. District Court and sent to the following address: United States District Court Western District of Kentucky 106 Gene Snyder Courthouse 601 West Broadway Louisville, Kentucky 40202 Failure either to pay the $455.00 filing fee or to file an application to proceed on appeal in forma pauperis with the United States Court of Appeals for the Sixth Circuit within 30 days may result in dismissal of the appeal. Date: November 6, 2008

Petitioner, pro se Respondent Kentucky Attorney General, Office of Criminal Appeals, 1024 Capital Center Drive, Frankfort, KY 40601 Clerk, Sixth Circuit Court of Appeals 4413.005

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