Stadfeld, Jacob v. United States of America

Filing 26

ORDER Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due 5/30/2014. Signed by District Judge Barbara B. Crabb on 4/23/2014. Copy of order mailed to defendant. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
08-cr-138-bbc
13-cv-722-bbc
v.
JACOB STADFELD,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Defendant Jacob Stadfeld has filed a notice of appeal from the April 8, 2014 order
denying his post conviction motion under 28 U.S.C. § 2255 and a request for a certificate
of appealability.
His notice of appeal was not accompanied by the $505 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
court-appointed 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."

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Because defendant had retained counsel during the criminal proceedings against him and on
direct appeal, he is not automatically eligible for in forma pauperis status.
Defendant will have to show that he is entitled to pauper status on appeal. Therefore,
I will give defendant until May 30, 2014 to complete and file the enclosed affidavit so that
I may determine his financial eligibility to proceed on appeal without prepaying the fee for
filing his notice of appeal.

ORDER
IT IS ORDERED that defendant shall have until May 30, 2014, in which to file an
affidavit of indigency with the court so it can determine whether defendant is eligible to
proceed on appeal in forma pauperis.

Entered this 23d day of April, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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