Washington, Rodney v. Boughton, Gary

Filing 45

ORDER that having CERTIFIED that the notice of appeal filed in this case (dkt. # 39 ) has not been taken in bad faith for purposes of Fed. R. App. P. 24(a)(3), petitioner Rodney Washington's motion for leave to proceed in forma pauperis, (dkt. # 40 ), is GRANTED. Signed by District Judge William M. Conley on 9/20/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RODNEY WASHINGTON,
Petitioner,

ORDER
14-cv-208-wmc
App. No. 16-3253

v.
GARY BOUGHTON, Warden,
Wisconsin Secure Program Facility,
Respondent.

On August 16, 2016, the court denied the habeas corpus petition filed by state prisoner Rodney
Washington pursuant to 28 U.S.C. § 2254. Washington has filed a notice of appeal from that order
and requests leave to proceed in forma pauperis on appeal.

(Dkts. #39, #40).

Washington has

submitted a certified copy of his trust fund account statement, demonstrating that he is indigent for
the purpose of proceeding on appeal in forma pauperis. Because it does not appear that Washington has
filed his appeal in bad faith or that leave to proceed is otherwise precluded by Fed. R. App. P. 24(a),
the court certifies that he is eligible for indigent status with respect to his notice of appeal.
Accordingly, Washington’s request for leave to proceed in forma pauperis is granted.

ORDER
IT IS ORDERED that having CERTIFIED that the notice of appeal filed in this case (dkt. #39)
has not been taken in bad faith for purposes of Fed. R. App. P. 24(a)(3), petitioner Rodney
Washington’s motion for leave to proceed in forma pauperis, (dkt. #40), is GRANTED.
Entered this 20th day of September, 2016.
BY THE COURT:
/s/
_________________________________
WILLIAM M. CONLEY
District Judge