Green v. Sirmons

Filing 56

OPINION AND ORDER by District Judge James H. Payne ; setting/resetting deadline(s): ($455.00 Filing Fee due by 8/4/2009); denying 53 Motion for Leave to Proceed in Forma Pauperis (lsa, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA
RICKKE LEON GREEN, Petitioner, v. MARTY SIRMONS, Warden, Respondent. ) ) ) ) ) ) ) ) )

No. CIV 07-378-JHP-KEW

OPINION AND ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Petitioner has filed a motion to proceed in forma pauperis on appeal and supporting documentation [Docket #53]. To proceed on appeal in forma pauperis, petitioner must show that his appeal is taken in good faith and that he lacks the financial ability to pay the required fees. See 28 U.S.C. § 1915(a)(1) & (3); McIntosh v. United States Parole Comm'n, 115 F.3d 809, 812 (10th Cir. 1997). Having reviewed the record, the court finds petitioner has not presented a reasoned, nonfrivolous argument for appeal, and the appeal is not taken in good faith. Therefore, he is not entitled to proceed on appeal without prepayment of the filing fee. Petitioner is directed to forward the $455.00 filing fee to the Court Clerk within twenty (20) days. IT IS FURTHER ORDERED that the Court Clerk send a copy of this order to petitioner's custodian and to the trust fund officer at his institution. ACCORDINGLY, petitioner's motion for leave to proceed in forma pauperis on appeal [Docket #53] is denied. IT IS SO ORDERED this 15th day of July 2009.