Bell v. Bauman

Filing 19

ORDER Denying 15 Application (motion) to Proceed in forma pauperis on Appeal filed by Joie Bell, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOIE RAYSHAWN BELL,
Petitioner,
v.

CASE NO. 5:13-CV-11212
HONORABLE JOHN CORBETT O’MEARA
UNITED STATES DISTRICT JUDGE

CATHERINE BAUMAN,
Respondent.
______________________________________/
OPINION AND ORDER DENYING THE
MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL
On February 11, 2016, this Court denied petitioner’s habeas application that had
been brought pursuant to 28 U.S.C. § 2254 and also denied petitioner a certificate of
appealability and leave to appeal in forma pauperis. The United States Court of Appeals
for the Sixth Circuit subsequently denied petitioner’s application for a certificate of
appealability, his motion for leave to proceed in forma pauperis, and dismissed the
appeal. Bell v. Bauman, No. 16-1394 (6th Cir. August 15, 2016).
Pending before the Court is petitioner’s “Motion To Proceed In Forma Pauperis on
Appeal.”
In light of the fact that the Sixth Circuit has dismissed petitioner’s appeal and
denied him leave to appeal in forma pauperis, the motion to proceed in forma pauperis on
appeal will be denied as moot. See e.g. United States v. Gardner, No. CRIM.A.

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09-147-KKC, 2013 WL 3070866, at *1 (E.D. Ky. June 17, 2013).
IT IS ORDERED that Petitioner’s “Motion To Proceed In Forma Pauperis on
Appeal” [Dkt. # 15] is DENIED AS MOOT.
SO ORDERED.
s/John Corbett O’Meara
United States District Judge
Date: January 11, 2017

I hereby certify that a copy of the foregoing document was served upon the parties
of record on this date, January 11, 2017, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

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