Opinion
Case No: 08-20103
01-25-2013
GARY ABERNATHY, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
Honorable Victoria A. Roberts
ORDER
This matter is before the Court on Gary Abernathy's Application for Prisoner to Proceed Without Prepayment of Fees or Costs. (Doc. 232). Mr. Abernathy appeals the Court's December 13, 2012 Order, which denied his motion to vacate his sentence under 28 U.S.C. § 2255. (Doc. 229).
The Court DENIES Mr. Abernathy's request to proceed on appeal in forma pauperis; the Court finds that an appeal from the December 13, 2012 Order would be frivolous and cannot be taken in good faith, 28 U.S.C. § 1915(a)(3), for the reasons stated in the December 13, 2012 Order.
IT IS ORDERED.
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Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on January 25, 2013.
Linda Vertriest
Deputy Clerk