Patterson v. USA

Filing 19

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. Signed by District Judge James D. Peterson on 5/15/2018. (voc)

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

LEON PATTERSON,
Petitioner,

ORDER

v.
UNITED STATES OF AMERICA,

16-cv-571-jdp
15-cr-71-jdp

Respondent.
On April 6, 2018, I dismissed petitioner Leon Patterson’s motion for postconviction
relief under 28 U.S.C. § 2255, and granted him a certificate of appealability. Dkt. 14. Patterson
has filed a notice of appeal and a request to proceed on appeal in forma pauperis, Dkt. 16.
A defendant who is found eligible for court-appointed counsel in the district court may
proceed on appeal in forma pauperis without further authorization unless the district court
certifies that the appeal is not taken in good faith or that the party is otherwise not entitled to
proceed in forma pauperis on appeal. See Fed. R. App. P. 24(a)(3). An appeal is taken in good
faith if “a reasonable person could suppose that the appeal has some merit.” Walker v. O'Brien,
216 F.3d 626, 632 (7th Cir. 2000). I do not find petitioner’s appeal is taken in bad faith.

ORDER
IT IS ORDERED that petitioner Leon Patterson’s motion to proceed in forma pauperis
on appeal is GRANTED.

Entered May 15, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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