Jackson, James v. United States of America

Filing 17

Order Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp denied. Appeal not certified to be taken in good faith. Signed by District Judge Barbara B. Crabb on 9/13/10. (elc),(ps)

Jackson, James v. United States of America

Doc. 17

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------JA M ES ADAM JACKSON, ORDER Petitioner, 1 0 - c v - 3 7 3 -b b c v. C A R O L HOLINKA, R esponden t. --------------------------------------------This petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2241 was dismissed on August 27, 2010. I explained to petitioner James Adam Jackson that he cannot pursue relief under 28 U.S.C. § 2241 because he has a remedy under 28 U.S.C. § 2255. N ow petitioner has filed a notice of appeal. Because he has not paid the $455 fee for filing a notice of appeal, I construe the notice as including a request for leave to proceed in form a pauperis on appeal. The request will be denied because I must certify that petitioner's ap peal is not taken in good faith. 28 U.S.C. § 1915(a)(3). Petitioner does not assert any grounds for his appeal and he has no meritorious argum ent to show that he may pursue his 28 U.S.C. § 2241 petition. Therefore, I am certifying that his appeal is not taken in good faith and denying his request for leave to

1

Dockets.Justia.com

pro ceed in forma pauperis on appeal. Because I am certifying petitioner's appeal as not having been taken in good faith, petitioner cannot proceed with his appeal without prepaying the $455 filing fee unless the court of appeals gives him permission to do so. Under Fed. R. App. P. 24, petitioner has 30 da ys from the date of this order in which to ask the court of appeals to review this court's denial of leave to proceed in forma pauperis on appeal. His motion must be accompanied by an affidavit as described in the first paragraph of Fed. R. App. P. 24(a), including a statement of issues that petitioner intends to present on appeal. Also, petitioner's motion m ust be accompanied by a copy of this order. Petitioner should be aware that these

do cum ents should be filed in addition to the notice of appeal he has previously filed. If petitioner does not file a motion requesting review of this order, the court of appeals likely will not address this court's denial of leave to proceed in forma pauperis on appeal. Instead, it will require petitioner to pay the entire $455 filing fee before it considers his appeal. If petitioner fails to pay the fee within the deadline set, it is possible that the court of appeals w ill dismiss the appeal and order this court to arrange for collection of the fee from plaintiff's
p r i s o n account.

ORDER IT IS ORDERED that petitioner's request for leave to proceed in forma pauperis on

2

appeal, dkt. #12, is DENIED. I certify that petitioner's appeal is not taken in good faith. The clerk of court is directed to insure that petitioner's obligation to pay the $455 fee for filing his appeal is reflected in the court's financial record. Entered this 13th day of September, 2010. B Y THE COURT: /s / B A R BA R A B. CRABB D istrict Judge

3