Opinion
Case Number: 2:09-cv-10404
01-26-2012
REGINALD MONTGOMERY, 202693 Petitioner, v. GREGORY MCQUIGGIN, Respondent.
Honorable Victoria A. Roberts
ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY AS MOOT
AND GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL
On January 17, 2012, Petitioner filed a "Notice of Appeal" [dkt. # 11], an "Application to Proceed In Forma Pauperis on Appeal" [dkt. # 13], and a "Motion for Certificate of Appealability" [dkt. # 14], concerning the Court's Opinion and Order denying his Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, on December 20, 2011. Montgomery v. McQuiggin, No. 2:09-cv-10404, 2011 WL 6371049 (E.D. Mich. Dec. 20, 2011). In that Opinion and Order, the Court also declined to issue Petitioner a Certificate of Appealability (COA). Id. at 14-15. The Court concluded that reasonable jurists would not find its assessment of Petitioner's claims to be debatable or wrong. Id. Accordingly, since the Court has already ruled on the COA issue, Petitioner's Motion for a COA is denied as moot.
Regarding Petitioner's Application to Proceed In Forma Pauperis, Federal Rule of Appellate Procedure 24(a)(1) provides that a party to a district court action who desires to appeal in forma pauperis must file a motion in the district court. An appeal may not be taken in forma pauperis if the court determines that it is not taken in good faith. 28 U.S.C. § 1915(a)(3). Here, the Court determines that Petitioner's Application to Proceed In Forma Pauperis is taken in good faith, and the Court therefore grants Petitioner's Application.
IT IS SO ORDERED.
_________________
Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record and Reginald Montgomery by electronic means or U.S. Mail on January 26, 2012.
Carol A. Pinegar
Deputy Clerk