JEFFERSON, RANDY R. v. USA

Filing 7

ORDER granting motion by Randy Jefferson to proceed in forma pauperis on appeal. Signed by District Judge Barbara B. Crabb on 3/10/14. (krj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
14-cv-70-bbc
07-cr-108-bbc
v.
RANDY JEFFERSON,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On February 4, 2014, I denied defendant Randy Jefferson’s motion for post
conviction relief under 28 U.S.C. § 2255 as untimely. In the same order 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.
According to 28 U.S.C. § 1915(a), a defendant who is found eligible for court-

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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.”
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 Randy Jefferson’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 10th day of March, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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