Opinion
No. 3:11-0649
02-03-2012
DONALD R. KNIGHT, JR. Petitioner, v. STATE OF TENNESSEE Respondent.
Judge Sharp
ORDER
On September 20, 2011, an order (Docket Entry No.10) was entered dismissing the instant pro se § 2254 habeas corpus action as untimely. At that time, the Court determined that a certificate of appealability should not issue. 28 U.S.C. § 2253(c).
Since the entry of this order, the petitioner has filed a Notice of Appeal (Docket Entry No.19), an application to proceed on appeal in forma pauperis (Docket Entry No.25), and a motion (Docket Entry No.24) to file the application to proceed on appeal in forma pauperis out of time.
The petitioner's motion to file the application to proceed on appeal in forma pauperis out of time is GRANTED.
Having determined that it would not be appropriate to issue a certificate of appealability, an appeal would not be brought in good faith. 28 U.S.C. § 1915(a)(3). Accordingly, petitioner's application to proceed on appeal in forma pauperis is hereby DENIED. The Clerk shall forward a copy of this order to the Clerk of the Sixth Circuit Court of Appeals.
It is so ORDERED.
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Kevin H. Sharp
United States District Judge