Opinion
NO. 5:02-CR-60 (WDO).
June 5, 2007
ORDER
On April 6, 2007, petitioner GABRIELLE GARCIA filed a notice of appeal of the denial of his motion for reconsideration for a free copy of his criminal record. The Eleventh Circuit Court of Appeals dismissed petitioner's appeal on or about May 4, 2007, for failure to pay the $450 docketing and $5 filing fees (Tab # 64). This Court has subsequently learned petitioner has filed a motion to reinstate his appeal with the Eleventh Circuit, which the clerk of the Eleventh Circuit has "clerically granted" (Tab # 66). Petitioner has now filed a motion to proceed IFP in this Court. It is hereby certified, pursuant to 28 U.S.C. § 1915(a)(3) and FRAP Rule 24(a)(3)(A), that petitioner's appeal is not taken in good faith, and the request for leave to appeal IFP is DENIED. As the Court noted in its previous order, an indigent prisoner is not entitled to have the government pay the fees for a copy of his criminal transcript/records until he actually files his 28 U.S.C. § 2255 application. Skinner v. United States , 434 F.2d 1036 (5th Cir. 1970) (construing 28 U.S.C. § 753(f)).
If plaintiff wishes to proceed with his appeal, he must pay the entire $455.00 appellate filing fee. Plaintiff must either pay the $455.00 immediately or pay using the partial payment plan described under 28 U.S.C. § 1915(b).
SO ORDERED.