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Smith v. Superintendent

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
Nov 22, 2016
CAUSE NO. 3:16-CV-00718 (N.D. Ind. Nov. 22, 2016)

Opinion

CAUSE NO. 3:16-CV-00718

11-22-2016

VIRGIL JUSTIN SMITH, Petitioner, v. SUPERINTENDENT, Respondent.


OPINION AND ORDER

This matter is before the Court on two motions seeking to proceed in forma pauperis on appeal filed by Virgil Justin Smith, a pro se prisoner, on November 18, 2016. Pursuant to 28 U.S.C. § 1915(a)(3), "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." This successive habeas corpus petition was dismissed for want of jurisdiction. Therefore this appeal is not taken in good faith.

For the reasons set forth above, the motions (DE 9 and 10) are DENIED and Virgil Justin Smith is DENIED leave to proceed in forma pauperis on appeal. DATED: November 22, 2016

/s/ RUDY LOZANO, Judge

United States District Court


Summaries of

Smith v. Superintendent

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
Nov 22, 2016
CAUSE NO. 3:16-CV-00718 (N.D. Ind. Nov. 22, 2016)
Case details for

Smith v. Superintendent

Case Details

Full title:VIRGIL JUSTIN SMITH, Petitioner, v. SUPERINTENDENT, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

Date published: Nov 22, 2016

Citations

CAUSE NO. 3:16-CV-00718 (N.D. Ind. Nov. 22, 2016)