Opinion
CR. No. C-03-74, C.A. No. C-05-179.
March 14, 2006
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS
On January 24, 2006, the District Court denied Movant Jaime de la Cruz's ("de la Cruz" or "Appellant") motion pursuant to 28 U.S.C. § 2255. (D.E. 33, 34). He filed a timely notice of appeal, and has sought leave to proceed on appeal in forma pauperis. (D.E. 35, 36).
Appellant has not provided a financial affidavit or a trust account statement indicating his inability to pay the filing fee. Nonetheless, because Appellant was represented by appointed counsel during his original criminal prosecution, he is automatically entitled to ifp status on appeal, unless the District Court affirmatively certifies otherwise or "a statute provides otherwise." Fed.R.App.P. 24(a)(3). Neither of those two exception applies in this case, and the undersigned does not find any reason to deny ifp status.
Accordingly, Appellant's motion to proceed on appeal in forma pauperis (D.E. 36) is GRANTED.
It is ORDERED.