Greer #159850 v. Harry

Filing 41

AMENDED ORDER DENYING IFP ON APPEAL 40 : Petitioner to pay the entire appeal fee of $455.00 within 28 days; Alternatively, Petitioner may file a motion for leave to proceed in forma pauperis in the Court of Appeals; Petitioner's motion for certificate of appealability 37 is DENIED; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Alvin Junior Greer #159850,
Petitioner,
v.

Case No. 1:09-cv-00034
Honorable Janet T. Neff

Shirlee A. Harry ,
Respondent.
____________________________________/
AMENDED ORDER REGARDING LEAVE TO PROCEED IN FORMA PAUPERIS ON
APPEAL
This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C.
§ 2254, challenging his conviction for armed robbery and as a habitual offender. On January 5,
2012, the Court entered an opinion and order dismissing the petition. The Court also denied
Petitioner a certificate of appealability. The order of dismissal followed the Court’s de novo review
of Petitioner’s objections to the report and recommendation of the magistrate judge. Petitioner has
now filed a notice of appeal (docket #33) and a motion for certificate of appealability (docket #37).
Sixth Circuit Internal Operating Procedure 5.1 provides that a $450.00 docketing fee
and a $5.00 filing fee must be paid to the district court when a notice of appeal is filed. Petitioner
was permitted to proceed before this Court in forma pauperis. Pursuant to Rule 24(a) of the Federal
Rules of Appellate Procedure, he may continue that status on appeal unless this court certifies that
his appeal is not taken in good faith. Good faith is judged objectively and an appeal is taken in good
faith when it seeks review of an issue which is not frivolous. Coppedge v. United States, 369 U.S.
438, 445 (1961). Detailed reasons for dismissal of the petition were provided in the report and

recommendation (docket #26), which was adopted by this Court. The Court reaffirms its decision
and finds that the issues on which Petitioner might seek review are frivolous. The Court, therefore,
certifies that the appeal is not taken in good faith.
Petitioner also seeks a certificate of appealability. In its opinion and final order
dismissing the habeas action, the Court also denied Petitioner a certificate of appealability. For the
reasons set forth in the January 5, 2012 opinion, the Court reaffirms its denial of a certificate of
appealability. Accordingly:
IT IS ORDERED that Petitioner is DENIED leave to proceed in forma pauperis on
appeal. The Court certifies that the appeal is not taken in good faith. If Petitioner wishes to proceed
with his appeal, he must pay the $455.00 appellate fee to the Clerk of this Court with 28 days of this
order. Alternatively, Petitioner may file a motion for leave to proceed in forma pauperis in the
Court of Appeals pursuant to the requirement set forth in FED. R. APP. P. 24(a)(5).
IT IS FURTHER ORDERED that Petitioner’s motion for certificate of appealability
(docket # 37) is DENIED.

Dated: February 22, 2012

/s/ Janet T. Neff
Janet T. Neff
United States District Judge

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