Opinion
Civil Action No. 04-74885.
July 7, 2006
ORDER DENYING LEAVE TO APPEAL IN FORM A PAUPERIS
Petitioner has appealed the Court's order dismissing his habeas corpus petition, and on May 30, 2006, the Court declined to issue a certificate of appealability. Still unresolved is the matter of the appellate filing fee.
An appeal may be taken in forma pauperis if it is taken in good faith and is not frivolous. 28 U.S.C. § 1915(a)(3); Fed.R.App.P. 24(a)(4)(B); United States v. Youngblood, 116 F.3d 1113, 1115 (5th Cir. 1997); Sweeney v. Smith, 9 F. Supp.2d 1026, 1027 (E.D. Wis. 1998). The pending appeal is not taken in good faith because the issues that Petitioner raised in his habeas petition were waived when he pleaded guilty. The Court therefore DENIES leave to appeal in forma pauperis. If Petitioner wishes to continue with his appeal, he may ask the Court of Appeals for permission to proceed in forma pauperis on appeal. Fed.R.App.P. 24(a)(5).