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Blake v. U.S.

United States District Court, S.D. Illinois
Nov 7, 2011
CIVIL NO. 09-555-GPM (S.D. Ill. Nov. 7, 2011)

Opinion

CIVIL NO. 09-555-GPM, CRIMINAL NO. 06-30146-01-GPM.

November 7, 2011


MEMORANDUM AND ORDER


This matter is before the Court on Petitioner Byron Blake's motion and affidavit requesting leave to proceed in forma pauperis on appeal. This Court previously denied Mr. Blake's motion for relief under 28 U.S.C. § 2255 and declined to issue a certificate of appealability.

It is clear that Mr. Blake is indigent, and the Court cannot find that the instant appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3); see also Walker v. O'Brien, 216 F.3d 626, 631-32 (7th Cir. 2000) (explaining that the standard governing the issuance of a certificate of appealability is more demanding than the standard for determining whether an appeal is taken in good faith for purposes of proceeding in forma pauperis on appeal). Mr. Blake's motion (Doc. 28) is GRANTED. Because this is a collateral proceeding attacking Mr. Blake's underlying conviction, the Court finds that the filing fee provisions of 28 U.S.C. § 1915(b) do not apply. See generally Walker, 216 F.3d at 628-29 (holding that the Prison Litigation Reform Act does not apply to any requests for collateral relief under 28 U.S.C. §§ 2241, 2254, or 2255).

IT IS SO ORDERED.


Summaries of

Blake v. U.S.

United States District Court, S.D. Illinois
Nov 7, 2011
CIVIL NO. 09-555-GPM (S.D. Ill. Nov. 7, 2011)
Case details for

Blake v. U.S.

Case Details

Full title:BYRON BLAKE, Petitioner/Defendant, v. UNITED STATES OF AMERICA…

Court:United States District Court, S.D. Illinois

Date published: Nov 7, 2011

Citations

CIVIL NO. 09-555-GPM (S.D. Ill. Nov. 7, 2011)