Opinion
12-cv-607-wmc
05-14-2013
DONALD ALFORD, Petitioner, v. ROBERT WERLINGER, Warden, Federal Correctional Institution - - Oxford, Respondent.
ORDER
Petitioner Donald Alford filed this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging the validity of his sentence. Noting that Alford raised claims that had been rejected previously in Alford v. Holinka, 11-cv-273-wmc (W.D. Wis. June 13, 2012), and in other contexts, the court dismissed the petition with prejudice as an abuse of the writ. Alford has now filed a notice of appeal and he requests leave to proceed without prepayment of the appellate docketing fee. That request will be denied.
In determining whether a litigant is eligible to proceed in forma pauperis on appeal, the court must find that he is indigent and, in addition, that the appeal is taken in good faith for purposes of Fed. R. App. P. 24(a)(3). See 28 U.S.C. § 1915(a)(3) ("An appeal may not be taken in forma pauperis if the court certifies in writing that it is not taken in good faith."). In view of Alford's record of repetitive, abusive filings, the court cannot certify that his appeal is taken in good faith. Accordingly, his request for leave to proceed in forma pauperis on appeal must be denied.
ORDER
IT IS ORDERED that:
1. The court CERTIFIES that the appeal is not taken in good faith for purposes of Fed. R. App. P. 24(a)(3).
2. Petitioner Donald Alford's request for leave to proceed in forma pauperis on appeal is DENIED.
3. Although this court has certified that the appeal is not taken in good faith under Fed. R. App. P. 24(a)(3), Alford is advised that he may challenge this finding pursuant to Fed. R. App. P. 24(a)(5), by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, United States Court of Appeals for the Seventh Circuit, within thirty (30) days of the date of this order.
BY THE COURT:
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WILLIAM M. CONLEY
District Judge