Opinion
Civil Action 1:22-CV-037 CRIMINAL ACTION 1:14-CR-918-1
07-15-2022
REYNALDO MARTINEZ Petitioner v. UNITED STATES OF AMERICA
ORDER
Fernando Rodriguez, Jr. United States District Judge
In January 2022, Petitioner Reynaldo Martinez filed a Motion Pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. (Docs. 1, 5) After a United States Magistrate Judge recommended that Martinez's claims be denied as meritless, the Court overruled Martinez's objections, adopted the Report and Recommendation, and denied Martinez's Petition. (Order Adopting R&R, Doc. 13)
In June 2022, Martinez filed a Notice of Appeal (Doc. 16), and now requests approval to proceed in forma pauperis on appeal. (App. to Proceed IFP, Doc. 18) However, the Court previously denied Martinez a certificate of appealability, finding that there is no outstanding issue that would be debatable among jurists of reason in this case. (Order Adopting R&R, Doc. 13, 2) As Martinez is not entitled to appeal the Court's Order, he is not entitled to proceed in forma pauperis. See Williams v. United States, No. 4:09CR87(1), 2016 WL 4003397, at *1 (E.D. Tex. July 26, 2016) (“Because [Petitioner] has not shown that he is entitled to a certificate of appealability, he also has not shown that he is entitled to proceed in forma pauperis on appeal”). Accordingly, it is:
ORDERED that Plaintiff Reynaldo Martinez's Application to Proceed in forma pauperis (Doc. 18) is DENIED.