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)

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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

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