Opinion
Civil Action 4:20-CV-518 CRIMINAL ACTION 4:17-CR-47(2)
12-18-2023
CARLOS OCHOA-OROZCO, #26996-078 v. UNITED STATES OF AMERICA
MEMORANDUM OPINION AND ORDER
MARCIA A. CRONE, UNITED STATES DISTRICT JUDGE.
Carlos Ochoa-Orozco filed a motion for leave to appeal in forma pauperis (#34). Appellant may proceed in forma pauperis on appeal only if he is economically eligible and presents a nonfrivolous issue. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). A review of the case shows that, on September 26, 2023, the Court denied Movant's Motion to Vacate, Set Aside, or Correct Sentence because the issues raised were without merit. At that time, the Court denied a certificate of appealability (#27). Because Movant has neither presented a nonfrivolous issue nor 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. United States v. Delario, 120 F.3d 580, 582 (5th Cir. 1997).
It is therefore ORDERED Movant's motion for leave to appeal in forma pauperis (#34) is DENIED.