Bell, Christopher v. USA

Filing 43

ORDER granting motion by Christopher Bell to proceed in forma pauperis on appeal. Signed by District Judge Barbara B. Crabb on 3/26/13. (krj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
12-cv-275-bbc
09-cr-19-bbc
v.
CHRISTOPHER BELL,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On December 7, 2012, I denied defendant Christopher Bell’s motion for post
conviction relief under 28 U.S.C. § 2255 for his failure to show that either his conviction
or sentence is illegal. In an order entered December 26, 2012, I denied the issuance of
certificate of appealability under 28 U.S.C. § 2253(c) and Rule 11 of the Rules Governing
Section 2255 Cases in the United States District Courts.
Thereafter, defendant filed a motion for a certificate of appealability with the court
of appeals. The court of appeals forwarded the motion to this court for processing as a
notice of appeal so that the court of appeals could then consider defendant’s motion for a
certificate of appealability.

1

According to 28 U.S.C. § 1915(a), a defendant who is found eligible for courtappointed counsel in the district court proceedings may proceed on appeal in forma pauperis
without further authorization “unless the district court shall certify that the appeal is not
taken in good faith or shall find that the party is otherwise not entitled so to proceed.”
Defendant had appointed counsel during the criminal proceedings against him and I do not
intend to certify that the appeal is not taken in good faith. Defendant’s challenge to his
sentence is not wholly frivolous. A reasonable person could suppose that it has some merit.
Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000).

ORDER
Defendant Christopher Bell’s motion to proceed in forma pauperis on appeal is
GRANTED. A copy of this order will be forwarded to the court of appeals so that it can
address the appeal of the denial of the certificate of appealability.
Entered this 26th day of March, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

2