Opinion
Civil Action No. 11-cv-03418-REB
07-18-2012
RANDY KAILEY, Applicant, v. WILLIAM PRICE, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.
Judge Robert E. Blackburn
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
Blackburn, J.
Applicant has submitted a Notice of Appeal. He previously was allowed to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 in this Court in this action. The Court has examined the file and has determined that leave to proceed in forma pauperis on appeal must be denied. Pursuant to Rule 24(a)(3) of the Federal Rules of Appellate Procedure, the Court finds that this appeal is not taken in good faith because Applicant has not shown the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal. The Court further finds that a certificate of appealability should not issue because Applicant has not made a substantial showing of the denial of a constitutional right.
Accordingly, it is
ORDERED that leave to proceed in forma pauperis on appeal is denied. It is
FURTHER ORDERED that a certificate of appealability will not issue.
DATED at Denver, Colorado this 18th day of July, 2012.
BY THE COURT:
_____________________
ROBERT E. BLACKBURN
United States District Judge