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- almd;;2:17-cv-00393_de77 RegisterActionDate "2021-06-15" @default.
- almd;;2:17-cv-00393_de77 RegisterActionDescriptionText "ORDER: Before the court is Petitioner 47FAB9C Notice of Appeal (Doc. 65 ), which the court construes as containing a motion for leave to appeal in forma pauperis and a motion for a certificate of appealability. Those motions are due to be denied. "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. 1915(a)(3). In making this determination as to good faith, the court must use an objective standard, such as whether the appeal is "frivolous," Coppedge v. United States, 369 U.S. 438, 445 (1962), or "has no substantive merit," United States v. Bottoson, 644 F.2d 1174, 1176 (5th Cir. Unit B May 1981) (per curiam). Further, a certificate of appealability is necessary before a petitioner may pursue an appeal in a habeas corpus proceeding. See 28 U.S.C. 2253(c). To mandate the issuance of a certificate of appealability, a petitioner must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2); see also Barefoot v. Estelle, 463 U.S. 880, 893 (1983). Applying these standards, the court is of the opinion that 47FAB9C appeal has no legal or factual basis and, accordingly, is frivolous and not taken in good faith. See Rudolph v. Allen, 666 F.2d 519, 520 (11th Cir. 1983) (per curiam). Moreover, because 47FAB9C has paid the filing fee for his appeal (Docs. 68 - 69 ), his motion for leave to appeal in forma pauperis is moot. In addition, the court finds 47FAB9C has not made a substantial showing of the denial of a constitutional right. Accordingly, it is ORDERED that 47FAB9C motion for leave to appeal in forma pauperis (Doc. 65 ) and his motion for a certificate of appealability (Doc. 65 ) are DENIED. Signed by Honorable Judge Abdul K. Kallon on 6/15/2021. Furnished Appeals Clerk. (dmn, ) (Entered: 06/15/2021)" @default.
- almd;;2:17-cv-00393_de77 AdministrativeID "70" @default.
- almd;;2:17-cv-00393_de77 OntologyLabel order @default.
- almd;;2:17-cv-00393_de77 hasIfpJudgeAttribution SJ000056 @default.
- almd;;2:17-cv-00393_de77 hasIfpLabel IFP_OTHER @default.
- almd;;2:17-cv-00393_de77 hasReferenceToOtherEntry almd;;2:17-cv-00393_de71 @default.
- almd;;2:17-cv-00393_de77 hasReferenceToOtherEntry almd;;2:17-cv-00393_de75 @default.
- almd;;2:17-cv-00393_de77 hasReferenceToOtherEntry almd;;2:17-cv-00393_de76 @default.