Johnson v. Bauman

Full title: ANDREW DEAN JOHNSON, Petitioner, v. CATHERINE S. BAUMAN, Respondent

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Jan 4, 2021

Civil No. 2:19-CV-12423 (E.D. Mich. Jan. 4, 2021)

Opinion

Civil No. 2:19-CV-12423

01-04-2021

ANDREW DEAN JOHNSON, Petitioner, v. CATHERINE S. BAUMAN, Respondent

HONORABLE DENISE PAGE HOOD CHIEF UNITED STATES DISTRICT JUDGE

OPINION AND ORDER DENYING AS MOOT THE MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL

Andrew Dean Johnson, ("Petitioner"), confined at the Newberry Correctional Facility in Newberry, Michigan, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 through attorney David L. Moffitt. On September 30, 2020, the Court summarily dismissed the petition without prejudice because petitioner failed to exhaust his state court remedies. The Court denied petitioner a certificate of appealability but granted him leave to appeal in forma pauperis. Johnson v. Bauman, No. 2:19-CV-12423, 2020 WL 5819567 (E.D. Mich. Sept. 30, 2020).

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 (ECF No. 24) will therefore be denied as moot. See McMillan v. McKune, 16 F. App'x. 896, 897 (10th Cir. 2001).

s/Denise Page Hood

Chief Judge, United States District Dated: January 4, 2021