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- ilcd;;1:17-cv-01558_de28 RegisterActionDate "2019-04-08" @default.
- ilcd;;1:17-cv-01558_de28 RegisterActionDescriptionText "TEXT ORDER entered by Judge James E. Shadid on 4/8/2019. Petitioner's Motion for Leave to Appeal in forma pauperis 23 is GRANTED. The Court may authorize Petitioner to proceed on appeal without prepayment of fees if it finds he is unable to pay such fees and the appeal is taken in good faith. See 28 U.S.C. § 1915(a)(1), (a)(3). While the Petitioner paid the $5.00 filing fee for his § 2241 petition, on appeal there is a $505.00 filing and docketing fee. From the financial information before it, the Court finds that Petitioner is indigent. Section 1915(a)(3) also explicitly provides that an "appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." An appeal is taken in good faith if "a reasonable person could suppose that the appeal has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Petitioner did not state the issues he intends to present on appeal in his motion pursuant to Federal Rule of Appellate Procedure 24(a)(1)(C). However, the Court will excuse this default as it is clear from the record that Petitioner is appealing this Court's Order (Doc. 14), which denied his Petition because the Court found that he could have brought his claim by amendment in his first § 2255 motion. The Court will not certify that the appeal is not taken in good faith, see 28 U.S.C. 1915(a)(3), and GRANTS Petitioner's Motion for Leave to Appeal in forma pauperis 23 . (SAG, ilcd) (Entered: 04/08/2019)" @default.
- ilcd;;1:17-cv-01558_de28 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01558_de28 OntologyLabel order @default.
- ilcd;;1:17-cv-01558_de28 hasReferenceToOtherEntry ilcd;;1:17-cv-01558_de26 @default.