Montgomery v. McQuiggin

Filing 15

ORDER denying 14 Motion for Certificate of Appealability as Moot and Granting Application to Proceed In Forma Pauperis on Appeal. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
REGINALD MONTGOMERY,
202693
Petitioner,
v.

Case Number: 2:09-cv-10404
Honorable Victoria A. Roberts

GREGORY MCQUIGGIN,
Respondent.
___________________________________/
ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY AS MOOT
AND GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL
On January 17, 2012, Petitioner filed a “Notice of Appeal” [dkt. # 11], an “Application to
Proceed In Forma Pauperis on Appeal” [dkt. # 13], and a “Motion for Certificate of
Appealability” [dkt. # 14], concerning the Court’s Opinion and Order denying his Petition for
Writ of Habeas Corpus under 28 U.S.C. § 2254, on December 20, 2011. Montgomery v.
McQuiggin, No. 2:09-cv-10404, 2011 WL 6371049 (E.D. Mich. Dec. 20, 2011). In that Opinion
and Order, the Court also declined to issue Petitioner a Certificate of Appealability (COA). Id.
at 14-15. The Court concluded that reasonable jurists would not find its assessment of
Petitioner’s claims to be debatable or wrong. Id. Accordingly, since the Court has already ruled
on the COA issue, Petitioner’s Motion for a COA is denied as moot.
Regarding Petitioner’s Application to Proceed In Forma Pauperis, Federal Rule of
Appellate Procedure 24(a)(1) provides that a party to a district court action who desires to appeal
in forma pauperis must file a motion in the district court. An appeal may not be taken in forma
pauperis if the court determines that it is not taken in good faith. 28 U.S.C. § 1915(a)(3). Here,

the Court determines that Petitioner’s Application to Proceed In Forma Pauperis is taken in
good faith, and the Court therefore grants Petitioner’s Application.
IT IS SO ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: January 26, 2012
The undersigned certifies that a copy of this
document was served on the attorneys of record
and Reginald Montgomery by electronic means or
U.S. Mail on January 26, 2012.
s/Carol A. Pinegar
Deputy Clerk

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