Mitchell v. USA

Filing 17

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. Signed by District Judge James D. Peterson on 3/20/2017. (jef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

RAYDALE R. MITCHELL,
Petitioner,

ORDER

v.
UNITED STATES OF AMERICA,

14-cv-473-jdp
11-cr-83-jdp

Respondent.
On October 31, 2016, I dismissed petitioner Raydale Mitchell’s motion for
postconviction relief under 28 U.S.C. § 2255. Mitchell has not formally moved for in forma
pauperis status, but he has not paid the filing fee for this appeal. Therefore I construe his
notice of appeal as including a request for in forma pauperis status, which I will grant because
this court previously granted him IFP status in his direct appeal. See case no. 11-cr-83-jdp,
Dkt. 52.
I will not certify that Mitchell’s current appeal is taken in bad faith or find that there
is any other reason to preclude him from proceeding in forma pauperis on appeal. Accordingly,
Mitchell’s request for leave to proceed in forma pauperis on appeal is granted.

ORDER
IT IS ORDERED that petitioner Raydale Mitchell’s motion for leave to proceed in
forma pauperis on appeal, Dkt. 14, is GRANTED.
Entered March 20, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2