POPHAL, KEITH A. v. USA

Filing 8

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. Request for certificate of appealability denied. Signed by District Judge Barbara B. Crabb on 12/3/2012. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
04-cr-140-bbc
12-cv-653-bbc
v.
KEITH POPHAL,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Defendant Keith Pophal has filed a notice of appeal from the October 3, 2012 order
denying his post conviction motion under 28 U.S.C. § 2255 and denying a certificate of
appealability. Defendant’s notice of appeal was not accompanied by the $455 fee for filing
an appeal. 28 U.S.C. § 2253(c)(1)(A); Fed. R. App. P. 22. Therefore, I construe it as
including a request for leave to proceed in forma pauperis on appeal pursuant to 28 U.S.C.
§ 1915.
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.”

1

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
IT IS ORDERED that defendant Keith Pophal’s request for leave to proceed in forma
pauperis on appeal is GRANTED.
Entered this 30th day of November, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

2