Garvey v. USA

Filing 16

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. Signed by District Judge William M. Conley on 7/21/2016. (jef/cc: petitioner via U.S. mail)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ERIC EDWARD GARVEY
ORDER
v.
14-cv-85-wmc
10-cr-133-wmc

UNITED STATES OF AMERICA

Petitioner Eric Edward Garvey has filed a notice of appeal of the court’s May 10,
2016 order denying his motion for post-conviction relief under 28 U.S.C. § 2255.
Petitioner’s 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. Petitioner was previously found eligible for
court-appointed counsel in his underlying criminal case and was granted in forma pauperis
status on his direct appeal. Therefore, the court construes it as including a request for leave
to proceed in forma pauperis on appeal under 28 U.S.C. § 1915.

According to 28 U.S.C. §

1915(a)(3), “an appeal may not be taken in forma pauperis if the trial court certifies in writing
that it is not taken in good faith.” The court does not find petitioner’s appeal is taken in bad
faith.
ORDER
IT IS ORDERED that petition Eric Edward Garvey’s request for leave to proceed in
forma pauperis on appeal is GRANTED.

Entered this 21st day of July, 2016.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge