Turner v. USA

Filing 53

MEMORANDUM AND ORDER re: 51 MOTION for Leave to Appeal in forma pauperis filed by Petitioner Donald R. Turner, Jr.: IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis on appeal (ECF No. 51) is DENIED. IT IS FURTHER ORDERED that petitioner shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Signed by District Judge John A. Ross on 07/24/20. (CMH)

Case: 1:16-cv-00268-JAR Doc. #: 53 Filed: 07/24/20 Page: 1 of 2 PageID #: 673

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DONALD R. TURNER, JR.,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 1:16-CV-268-JAR

MEMORANDUM AND ORDER
This matter is before the Court upon review of petitioner Donald R. Turner, Jr.’s motion to
proceed in forma pauperis on appeal. (ECF No. 51).
On March 20, 2020, the Court denied petitioner’s motion under 28 U.S.C. § 2255 to vacate,
set aside, or correct sentence. (ECF No. 37). In the Memorandum and Order, the Court denied a
certificate of appealability simultaneously with the Order of Dismissal because petitioner failed to
make a substantial showing of the denial of a constitutional right. See Cox v. Norris, 133 F.3d
565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998).
Petitioner filed a motion to alter or amend judgment pursuant to Rule 59(e) of the Federal
Rules of Civil Procedure. (ECF No. 41). On June 22, 2020, the Court denied petitioner’s motion
based on his failure to produce newly discovered evidence or show a manifest error of law or fact.
(ECF No. 47). On July 8, 2020, petitioner filed a notice of appeal. (ECF No. 48).
The Court will deny petitioner’s motion to proceed in forma pauperis because an appeal
would be frivolous and would not be taken in good faith.

Case: 1:16-cv-00268-JAR Doc. #: 53 Filed: 07/24/20 Page: 2 of 2 PageID #: 674

Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in forma
pauperis on appeal (ECF No. 51) is DENIED.
IT IS FURTHER ORDERED that petitioner shall file any future documents or pleadings
in connection with his appeal directly with the United States Court of Appeals for the Eighth
Circuit.
Dated this 24th day of July, 2020.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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