Simmons v. USA

Filing 22

ORDER granting leave to proceed in forma pauperis on appeal re: 18 NOTICE OF APPEAL by Petitioner Andre G. Simmons. Signed by District Judge Barbara B. Crabb on 10/29/2013. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
09-cr-122-bbc
13-cv-287-bbc
v.
ANDRE SIMMONS,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On September 20, 2013, I denied defendant Andre Simmons’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. Now defendant has filed a notice of appeal as well as an affidavit in
support of a motion 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.”
Defendant was found eligible for court-appointed counsel in this court but proceeded pro
se only because he chose not to work with any of the lawyers appointed to represent him,

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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 Andre Simmons’s request for leave to proceed in
forma pauperis on appeal is GRANTED.
Entered this 29th day of October, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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