Opinion
Case No. 3:12-cv-409
07-24-2012
ANTONIO RICHARDSON, Petitioner, v. RONALD COLSON, Warden, Respondent.
Judge Trauger
ORDER
The court entered an order denying petitioner Antonio Richardson's habeas petition under 28 U.S.C. § 2254 and dismissing the matter on July 9, 2012. The petitioner has now filed a Notice of Appeal.
Sixth Circuit Internal Operating Procedure 5.1 provides that a $450.00 docketing fee and a $5.00 filing fee must be paid to the district court when a notice of appeal is filed. A prisoner who is unable to pay the required filing fees may seek leave to appeal in a § 2254 action in forma pauperis, pursuant to Rule 24(a) of the Federal Rules of Appellate Procedure. See Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997) ("[A] prisoner who is unable to pay the required filing fees may seek leave to file an appeal in a § 2254 or § 2255 action pursuant to Rule 24(a) of the Federal Rules of Appellate Procedure. . . ."). Rule 24(a) states that a party who seeks to appeal in forma pauperis must file a motion in the district court, and must attach to the motion an affidavit that (1) demonstrates in detail the plaintiff's financial inability to pay or give security for fees and costs; (2) claims an entitlement to redress; and (3) states the issues the party intends to present on appeal. Accordingly, the petitioner is DIRECTED to submit either the $455 filing fee or his motion to appeal in forma pauperis in compliance with Rule 24(a) within 30 DAYS of the date this order is entered on the docket.
The court again notifies the petitioner that he will not be permitted to pursue his appeal unless a circuit justice or judge or a district judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1); Fed. R. App. P. 22(b). This court already declined to issue a certificate of appealability. Under these circumstances, the "the applicant may request a circuit judge to issue it." Fed. R. App. P. 22(b)(1). Pursuant to Rule 22(b)(2), because the petitioner did not address a specific request for a certificate of appealability to the Sixth Circuit Court of Appeals, his notice of appeal "constitutes a request addressed to the judges of the court of appeals."
The Clerk of Court is DIRECTED to provide notice of this order to the Sixth Circuit Court of Appeals.
It is so ORDERED.
______________________
Aleta A. Trauger
United States District Judge