Opinion
Civil No. 2:18-CV-13356
06-28-2019
KEVIN DONALD ADAMS, Petitioner, v. JOHN DAVIS, Respondent
OPINION AND ORDER DENYING AS MOOT THE MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL
On May 2, 2019, this Court issued an opinion and order denying petitioner's application for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. This Court also denied petitioner a certificate of appealability, but granted petitioner leave to appeal in forma pauperis. Petitioner has now filed a motion to proceed in forma pauperis on appeal.
This Court already granted petitioner leave to appeal in forma pauperis, it is thus unnecessary for petitioner to again obtain permission to proceed in forma pauperis on appeal. Petitioner's current motion to proceed in forma pauperis on appeal [Dkt. # 17] will therefore be denied as moot. See McMillan v. McKune, 16 F. App'x. 896, 897 (10th Cir. 2001).
s/Denise Page Hood
CHIEF UNITED STATES DISTRICT JUDGE Dated: June 28, 2019