Shallcross v. Pollard

Filing 42

ORDER signed by Judge J.P. Stadtmueller on 12/20/2016. 36 Petitioner's MOTION for Leave to Appeal Without Prepayment of the Filing Fee DENIED. 38 Petitioner's Request for Certificate of Appealability DENIED. (cc: all counsel, vial mail to Scott R. Shallcross at Waupun Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SCOTT R. SHALLCROSS,
Petitioner,

Case No. 15-CV-1136-JPS

v.
WILLIAM POLLARD,
Respondent.

ORDER

On October 17, 2016, the Court dismissed Scott R. Shallcross’
(“Shallcross”) petition for a writ of habeas corpus. (Docket #31). The Court
also denied him a certificate of appealability. Id. at 23-24. On December 16,
2016, Shallcross filed a notice of appeal, a request for leave to proceed in
forma pauperis, and a request for a certificate of appealability. (Docket #35,
#36, and #38). The Court has already denied Shallcross a certificate of
appealability and nothing has happened since that ruling to change its
analysis. It will, therefore, deny that request and move on to Shallcross’
request to proceed in forma pauperis.
Shallcross may not proceed in forma pauperis on appeal unless the
Court certifies in writing that the appeal is taken in “good faith.” 28 U.S.C.
§ 1915(a)(3). To determine whether Shallcross takes the appeal in “good
faith,” the Court must determine whether “a reasonable person could
suppose that the appeal has some merit.” Walker v. O'Brien, 216 F.3d 626, 632
(7th Cir. 2000); see also Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). An
appeal is taken in “good faith” when it seeks review of an issue that is not
clearly frivolous. Lee, 209 F.3d at 1026.

Here, Shallcross does not actually present arguments in favor of
granting him in forma pauperis status. Even assuming his request for a
certificate of appealability can be construed as such, it presents arguments
which are largely indistinguishable from those already rejected by the Court.
(Docket #31 and #38). The Court must, therefore, deny Shallcross’ motion to
proceed in forma pauperis because his appeal is not taken in “good faith.” 28
U.S.C. § 1915(a)(3).
Accordingly,
IT IS ORDERED that the petitioner’s motion for leave to appeal in
forma pauperis (Docket #36) be and the same is hereby DENIED; and
IT IS FURTHER ORDERED that the petitioner’s request for a
certificate of appealability (Docket #38) be and the same is hereby DENIED.
Dated at Milwaukee, Wisconsin, this 20th day of December, 2016.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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