Opinion
Case No. 6:08-cv-1776-Orl-35GJK.
July 29, 2010
ORDER
This case is before the Court on the following motion:
MOTION: PETITIONER'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (Doc. No. 23) FILED: July 27, 2010 THEREON ORDERED DENIED.
_____________________________________________________________ it is that the motion is Any appeal by Petitioner would not be taken in good faith under Federal Rule of Appellate Procedure 24(a) because Petitioner has failed to make a substantial showing of the deprivation of any federal constitutional right. In particular, since Petitioner's claims were denied as procedurally defaulted, his appeal would not have arguable merit. See Kha Ngoc Le v. Gonzales, 2006 WL 2947051 (N.D. Ga. October 13, 2006) (an appeal is not taken in good faith when the issues are without arguable merit). Thus, Petitioner is not entitled to appeal as a pauper and shall pay the $455.00 appellate filing fee as required by 28 U.S.C. § 1915(a).DONE and ORDERED in Chambers in Orlando, Florida.