Cowins, Courtney v. Boughton, Gary

Filing 55

ORDER that Petitioner Courtney M. Cowins's motion to proceed in form pauperis on appeal, Dkt. 45 , is GRANTED. Petitioner's motions for a page-limit extension, Dkt. 47 , and certificate of appealability, Dkt. 48 , are DENIED WITHOUT PREJUDICE to him refiling the motions directly with the Court of Appeals for the Seventh Circuit. Signed by District Judge James D. Peterson on 6/18/2019. (rks),(ps)

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

COURTNEY M. COWINS,
Petitioner,
v.

ORDER
16-cv-22-jdp

GARY BOUGHTON,
Respondent.

On November 19, 2018, I denied petitioner Courtney M. Cowins’s petition for a writ
of habeas corpus under 28 U.S.C. § 2254. Dkt. 30. On April 29, 2019, I denied Cowins’s
motion for reconsideration. Dkt. 30. Now Cowins has filed a notice of appeal and a request to
proceed in forma pauperis on appeal. Dkt. 45. After reviewing the affidavit of indigency Cowins
provided to the court, I conclude that he has no means to pay the $505 fee for filing his appeal.
I also will not certify that Cowins’s appeal is taken in bad faith. See 28 U.S.C. § 1915(a)(1)
and (3). Therefore, I will grant Cowins’s motion to proceed in forma pauperis on appeal.
Cowins has also filed a motion for page-limit extension, Dkt. 47, and application for
certificate of appealability, Dkt. 48, both captioned to the Court of Appeals for the Seventh
Circuit. I will deny these motions because they are not properly raised in this court. I cannot
grant Cowins a page-limit extension for his appellate brief, and I have explained previously why
I will not grant Cowins a certificate of appealability. See Dkt. 30 at 17 and Dkt. 43 at 4.
Although I do not think Cowins’s appeal is taken in bad faith for purposes of § 1915(a)(3), I
do not think Cowins has made a substantial showing the denial of a constitutional right.
Therefore, Cowins should make these requests directly to the court of appeals.

ORDER
IT IS ORDERED that:
1. Petitioner Courtney M. Cowins’s motion to proceed in form pauperis on appeal,
Dkt. 45, is GRANTED.
2. Petitioner’s motions for a page-limit extension, Dkt. 47, and certificate of
appealability, Dkt. 48, are DENIED WITHOUT PREJUDICE to him refiling
the motions directly with the Court of Appeals for the Seventh Circuit.
Entered June 18, 2019.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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