Bacon v. USA
Filing
64
MEMORANDUM DECISION AND ORDER denying 63 Motion for Leave to Appeal in forma pauperis. Signed by Judge David Nuffer on 8/28/18 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MICHAEL ALEXANDER BACON,
Petitioner,
MEMORANDUM DECISION AND
ORDER DENYING APPLICATION TO
PROCEED WITHOUT PREPAYING
FEES OR COSTS
v.
UNITED STATES OF AMERICA,
Respondent.
Case No. 2:16-cv-00724-DN
District Judge David Nuffer
Petitioner seeks leave to appeal in forma pauperis 1 the Memorandum Decision and Order
Granting in Part and Denying and Dismissing in Part § 2255 Motion, 2 which concluded that
Petitioner was plainly not entitled to relief under 28 U.S.C. § 2255 on his prosecutorial
misconduct and ineffective assistance of counsel claims, 3 and the Memorandum Decision and
Order Denying Motion to Alter or Amend Judgment. 4
“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it
is not taken in good faith.” 5
1
Application to Proceed in District Court Without Prepaying Fees or Costs (“Application”), docket no. 63, filed
under seal Aug. 22, 2018; Notice of Appeal & Request to Circuit Judges of the 10th Cir. Court of Appeals for
Certificate, docket no. 54, filed June 20, 2018; Notice of Appeal, docket no. 60, filed Aug. 13, 2018.
2
Docket no. 52, filed June 5, 2018.
3
Id. at 7-19.
4
Docket no. 58, filed July 9, 2018.
5
28 U.S.C. § 1915(a)(3).
Petitioner was denied a certificate of appealability regarding his § 2255 Motion, 6 there is
no reasonable basis for any alleged error in his appeal, and his appeal presents no substantial
question for review. Therefore, it is certified that Petitioner’s appeal is not taken in good faith.
ORDER
IT IS HEREBY ORDERED that Petitioner’s Application 7 is DENIED.
Signed August 28, 2018.
BY THE COURT
________________________________________
District Judge David Nuffer
6
Memorandum Decision and Order Granting in Part and Denying and Dismissing in Part § 2255 Motion at 21,
docket no. 52, filed June 5, 2018.
7
Docket no. 63, filed under seal Aug. 22, 2018.
2
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