Opinion
Case No. 11-cv-15675
07-22-2013
MANSOR AL-SHIMARY, Petitioner, v. KENNETH McKEE, Respondent.
Paul D. Borman
United States District Judge
OPINION AND ORDER DENYING APPLICATION TO PROCEED IN FORMA
PAUPERIS ON APPEAL (Dkt. No. 12)
On December 28, 2011, Petitioner Mansor Al-Shimary filed a Petition for a Writ of Habeas Corpus in this Court. (Dkt. No. 1.) The Court denied the petition in an Opinion and Order entered on June 26, 2013. (Dkt. No. 8.) The Court also denied Petitioner a certificate of appealability because reasonable jurists would not find the Court's assessment of Petitioner's claims to be debatable or wrong. (June 26, 2013 Op. and Order at 10.) Nevertheless, Petitioner filed a Notice of Appeal on July 15, 2013. (Dkt. No. 10.) Now before the Court is Petitioner's Affidavit of Indigency, which seeks an order waiving Petitioner's filing fees in his appeal. (Dkt. No. 11.)
The Court has denied Petitioner a certificate of appealability because Petitioner has failed to show "that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks omitted). Accordingly, the Court concludes that Petitioner should not be granted leave to proceed in forma pauperis on appeal as any appeal would be frivolous and cannot be taken in good faith. See Fed. R. App. P. 24(a).
IT IS SO ORDERED.
________
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on July 22, 2013.
Deborah Tofil
Case Manager