Williams v. Huibregtse

Filing 46

Order certifying petitioner's appeal is not taken in good faith. Signed by Magistrate Judge Stephen L. Crocker on 4/13/2010. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF WISCONSIN

A N D R E A WILLIAMS, P e t i t io n e r , v. P E T E R HUIBREGTSE, Warden, W is co n sin Secure Program Facility, R espo n d en t. ORD ER 0 9 -c v -2 0 4 -s lc

A n d rea Williams has filed a notice of appeal from this court's order and judgment entered M a rc h 8, 2010. Because petitioner has not paid the appellate filing and docketing fee, I presume th at he seeks leave to proceed in forma pauperis on appeal. In a previous order, I determined that petitio n er was indigent. Accordingly, petitioner may proceed in forma pauperis on appeal unless I c er tify that his appeal is not taken in good faith. Fed. R. App. P. 24(a). To find that his appeal is ta k en in good faith, I need find only that reasonable people would suppose the appeal has merit. W alker v. O'Brien, 216 F.3d 626, 631-32 (7th Cir. 2000). Even though this is a lower standard than th at required for a certificate of appealability, I find that Williams is unable to meet it. There is sim ply no room to argue that the state court of appeals adjudicated his claims in an unreasonable m anner. ORD ER P u r su a n t to Fed. R. App. P. 24(a)(4), I certify that petitioner Andrea Williams's appeal is not ta k en in good faith. Pursuant to Fed. R. App. P. 24(a)(5), petitioner may ask the court of appeals fo r permission to proceed in forma pauperis.

Entered this 13 th day of April, 2010. B Y THE COURT: /s / S T E P H E N L. CROCKER M a g is tr a te Judge