Johnson v. United States of America

Filing 21

ORDER re: 20 Motion for Leave to Proceed in forma pauperis is DENIED. Pursuant to Rule 24 of the Fed. R. App. P., any further request to proceed on appeal as a poor person must be filed with the Second Circuit. Ordered by Judge Joanna Seybert on 5/12/2014. (C/M Petitioner) (Nohs, Bonnie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
GARNETT JOHNSON,
Petitioner,
MEMORANDUM & ORDER
10-CV-2794(JS)

-againstUNITED STATES OF AMERICA,

Respondent.
----------------------------------X
APPEARANCES
For Petitioner:
Garnett Johnson, pro se
78214-053
Gilmer Federal Correctional Institution
Inmate Mail/Parcels
P.O. Box 6000
Glenville, WV 26351
For Respondent:

Charles N. Rose, Esq.
United States Attorney’s Office
Eastern District of New York
610 Federal Plaza
Central Islip, NY 11722

SEYBERT, District Judge:
Garnett Johnson (“Petitioner”) moves this Court pro se
for leave to proceed in forma pauperis on appeal. Petitioner seeks
to appeal this Court’s denial of his Petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241 challenging the execution of
his sentence. (See Sept. 3, 2013 Mem. & Order, Docket Entry 18.)
Judgment

was

Entry 19.)1

1

entered

on

September

27,

2013.

(See

Docket

For the reasons set forth below, the application is

To date, Petitioner has not filed a Notice of Appeal in
accordance with Rule 4(a)(1)(B)(i) of the Federal Rules of
Appellate Procedure and the sixty-day time period within which to

DENIED.
DISCUSSION
Federal Rule of Appellate Procedure 24 provides, in
relevant part:
(a) Leave to Proceed In Forma Pauperis.
(1) Motion in the District Court. Except as
stated in Rule 24(a)(3), a party to a
district-court action who desires to appeal in
forma pauperis must file a motion in the
district court. The party must attach an
affidavit that:
(A) shows in the detail prescribed by Form 4
of the Appendix of Forms the party’s inability
to pay or to give security for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends
to present on appeal.
FED. R. APP. P. 24(a)(1)(A)-(C).
to

appeal

in

requirements.

forma

Petitioner’s application for leave

pauperis

does

not

comport

with

these

Petitioner has not provided an affidavit in the

detail prescribed by Form 4 of the Appendix of Forms demonstrating
his inability to pay or to give security for fees and costs.
Moreover, wholly absent from the application is any claim by
Petitioner that he is entitled to redress.

Nor does Petitioner

state any of the issues that he intends to present on appeal.

do so has long expired.
2

Thus, Petitioner’s application is DENIED.
CONCLUSION
For the reasons set forth above, Petitioner’s application
seeking leave to appeal in forma pauperis is DENIED.

Pursuant to

Rule 24 of Federal Rules of Appellate Procedure, any further
request to proceed on appeal as a poor person must be filed with
United States Court of Appeals for the Second Circuit.

SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated:

May
12 , 2014
Central Islip, NY

3