Bond v. USA

Filing 12

ORDER denying 10 Motion for Reconsideration by Petitioner Leroy E. Bond. Signed by District Judge James D. Peterson on 5/4/2018. (voc)

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

LEROY BOND,
Petitioner,

ORDER

v.
UNITED STATES OF AMERICA,

18-cv-212-jdp
15-cr-01-jdp

Respondent.
On March 27, 2018, I dismissed petitioner LeRoy Bond’s motion for postconviction
relief under 28 U.S.C. § 2255, and I denied him a certificate of appealability. Dkt. 3. Bond
then filed a notice of appeal that I construed as including a motion for leave to proceed in forma
pauperis on appeal. I denied that motion because I concluded that he appeal was not taken in
good faith. Dkt. 9. Now Bond has filed a motion for reconsideration of that decision, stating
that the Prison Litigation Reform Act does not apply to his § 2255 motion, and that his claim
is not factually frivolous. Dkt. 10.
Bond is correct that the PLRA does not apply to these proceedings, but I did not rely
on the PLRA in denying him in forma pauperis status. The good-faith requirement applies to his
§ 2255 appeal as it would for any appeal. See Fed. R. App. P. 24(a)(3); Walker v. O’Brien, 216
F.3d 626, 631 (7th Cir. 2000) (“If neither [habeas] appeal were taken in good faith, then this
fact would independently preclude Walker and Finfrock from proceeding IFP regardless of
whether the PLRA applied and they would be obligated to pay the full filing fee immediately.”).
Also, nothing in his motion persuades me that I was incorrect in concluding that his § 2255
motion was untimely and that it did not state a plausible claim for ineffective assistance of
counsel. Therefore, I will deny his motion for reconsideration of my denial of in forma pauperis

status. As I stated in my previous order, Bond remains free to raise this issue with the court of
appeals.

ORDER
IT IS ORDERED that petitioner LeRoy Bond’s motion for reconsideration, Dkt. 10, is
DENIED.

Entered May 4, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2