Vaughn v. USA

Filing 17

ORDER Construing Notice of Appeal as Request to Proceed IFP. Leave to proceed IFP granted. Signed by District Judge William M. Conley on 3/6/2017. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MAURICE D. VAUGHN
OPINION AND ORDER
v.

14-cv-317-wmc
11-cr-90-wmc

UNITED STATES OF AMERICA
Petitioner Maurice D. Vaughn has filed a notice of appeal of the court’s January 6,
2017, 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 petitioner Maurice D. Vaughn’s request for leave to proceed in
forma pauperis on appeal is GRANTED.

Entered this 6th day of March, 2017.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge