Adger v. UNITED STATES OF AMERICA et al

Filing 6

ORDER Denying 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 4:08-cr-640-6(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

UNITED STATES OF AMERICA
v.
SHIRLEY ADGER

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CRIMINAL NO. H-08-640-6
(Civil Action No. H-12-3445)

ORDER
By Memorandum and Order [Doc. # 597] entered March 7, 2013, the Court
denied Defendant Shirley Adger’s motion to vacate, set aside, or correct sentence
under 28 U.S.C. § 2255 [Doc. # 593] and denied a certificate of appealability. On
May 10, 2013, Adger filed a Notice of Appeal. The case is now before this Court on
Adger’s motion [Doc. # 600] to proceed on appeal in forma pauperis.
The standards governing in forma pauperis motions for appeal are set forth in
28 U.S.C. § 1915(a). The motion must state “the nature of the action, defense or
appeal and affiant’s belief that he is entitled to redress.” 28 U.S.C. § 1915(a). The
district court may deny leave to proceed in forma pauperis if an appeal is not taken
in good faith. Cay v. Estelle, 789 F.2d 318, 326 (5th Cir. 1986). An appeal is taken
in good faith if it presents an arguable issue on the merits and therefore is not
frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962); Howard v. King, 707

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F.2d 215, 219 (5th Cir. 1983). A movant must demonstrate the existence of a
non-frivolous issue for appeal. See Payne v. Lynaugh, 843 F.2d 177, 178 (5th Cir.
1988). Adger has not identified a non-frivolous issue for appeal, and this Court is
aware of none. Accordingly, it is hereby
ORDERED that the motion to appeal in forma pauperis [Doc. # 600] is
DENIED.
SIGNED at Houston, Texas, this 13th day of May, 2013.

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