Huggans v. United States of America

Filing 48

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Darwin Markeith Huggans' motion to proceed in forma pauperis on appeal [ 47 ] is DENIED. IT IS FURTHER ORDERED that Huggans shall, within thirty (30) days of the date of this Order, either pay th e $505 appellate filing fee or file a motion in the United States Court of Appeals for the Eighth Circuit for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that Huggans 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 Catherine D. Perry on 10/4/2016. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DARWIN MARKEITH HUGGANS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:13 CV 323 CDP

MEMORANDUM AND ORDER
In June of 2015, I denied Darwin Markeith Huggans’ motion to vacate, set
aside or correct his sentence, brought under 28 U.S.C. § 2255. Huggans thereafter
moved to alter or amend this judgment based on newly discovered evidence. I
denied this motion on July 26, 2016. Huggans has appealed the denial of his
motion to alter or amend, as well as my Order and Judgment denying his motion to
vacate. He now seeks leave to proceed in forma pauperis on appeal. I will deny
this request.
When I denied Huggans’ motion to vacate, I specifically denied a certificate
of appealability, finding that Huggans had not made a substantial showing of the
denial of a constitutional right. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir.
1997). Further, an appeal from my July 2016 Order denying his motion to alter or
amend would not be taken in good faith given that, for the reasons set out in that

Order, Huggans failed to present argument or evidence showing that his claim had
any arguable basis either in law or fact. 28 U.S.C. § 1915(a)(3); Coppedge v.
United States, 369 U.S. 438, 444-45 (1962).
Accordingly,
IT IS HEREBY ORDERED that Darwin Markeith Huggans’ motion to
proceed in forma pauperis on appeal [47] is DENIED.
IT IS FURTHER ORDERED that Huggans shall, within thirty (30) days
of the date of this Order, either pay the $505 appellate filing fee or file a motion in
the United States Court of Appeals for the Eighth Circuit for leave to proceed in
forma pauperis.
IT IS FURTHER ORDERED that Huggans shall file any future documents
or pleadings in connection with his appeal directly with the United States Court of
Appeals for the Eighth Circuit.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 4th day of October, 2016.

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