Opinion
Civil No. 03-325-GPM.
February 14, 2006
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner's motion for leave to proceed on appeal in forma pauperis (Doc. 34). This motion relates to Petitioner's latest appeal filed December 20, 2005, which is taken from this Court's Order complying with the mandate issued by the Seventh Circuit Court of Appeals on Petitioner's first appeal.
This Court already has denied a certificate of appealability ( see Doc. 32). However, the Court's finding that Petitioner has not made a substantial showing of the denial of a constitutional right does not necessitate a finding that he should be denied in forma pauperis status. See Walker v. O'Brien, 216 F.3d 626, 631 (7th Cir. 2000) (finding that "the standard governing the issuance of a certificate of appealability is not the same as the standard for determining whether an appeal is in good faith"). To determine that an appeal is taken in good faith, which is a requisite finding for granting in forma pauperis status on appeal, "a court need only find that a reasonable person could suppose that the appeal has some merit." Id. at 632. Applying that standard to this case, the Court CERTIFIES that the instant appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3). Accordingly, Petitioner's motion for leave to proceed in forma pauperis on appeal (Doc. 34) is DENIED. Petitioner shall tender the appellate filing and docketing fee of $255 to the Clerk of Court in this district, or he may reapply to the Seventh Circuit Court of Appeals for leave to proceed in forma pauperis on appeal.
Because this is a petition for collateral review under 28 U.S.C. § 2255, the filing fee provisions of 28 U.S.C. § 1915(b) do not apply. See Walker v. O'Brien, 216 F.3d 626, 634 (7th Cir. 2000).
IT IS SO ORDERED.