Gordon v. Warden, FCC Coleman-Low

Full title: EDDIE LEE GORDON, Petitioner, v. WARDEN, FCC COLEMAN- LOW, Respondent.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

Date published: Jan 31, 2012

Case No. 5:10-cv-280-Oc-30TBS (M.D. Fla. Jan. 31, 2012)

Opinion

Case No. 5:10-cv-280-Oc-30TBS

01-31-2012

EDDIE LEE GORDON, Petitioner, v. WARDEN, FCC COLEMAN- LOW, Respondent.

JAMES S. MOODY

ORDER

Before the Court is Petitioner's motion for leave to appeal in forma pauperis. (Doc. 21). Pursuant to Rule 24(a) of the Federal Rules of Appellate Procedure, Petitioner's appeal is not taken in good faith and Petitioner will be required to pay the $455.00 appellate filing and docketing fees. See also Mcintosh v. United State Parole Comm., 115 F.3d 809, 812 (10th Cir. 1997) (Petitioner must demonstrate "the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal").

Because the Court has certified that this appeal is not taken in good faith, any request to proceed in forma pauperis should be sent directly to the Eleventh Circuit Court of Appeals. See Fed. R. App. P. 24(a)(5). Petitioner's motion for leave to appeal in forma pauperis (Doc. 21) is DENIED.

DONE and ORDERED in Tampa, Florida on January 31, 2012.

___________

JAMES S. MOODY . JR.

UNITED STATES DISTRICT JUDGE