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)

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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. 1 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 2

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