Opinion
CRIMINAL NO. H-08-640-6
05-13-2013
UNITED STATES OF AMERICA v. SHIRLEY ADGER
(Civil Action No. H-12-3445)
ORDER
By Memorandum and Order [Doc. # 597] entered March 7, 2013, the Court denied Defendant Shirley Adger's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 [Doc. # 593] and denied a certificate of appealability. On May 10, 2013, Adger filed a Notice of Appeal. The case is now before this Court on Adger's motion [Doc. # 600] to proceed on appeal in forma pauperis.
The standards governing in forma pauperis motions for appeal are set forth in 28 U.S.C. § 1915(a). The motion must state "the nature of the action, defense or appeal and affiant's belief that he is entitled to redress." 28 U.S.C. § 1915(a). The district court may deny leave to proceed in forma pauperis if an appeal is not taken in good faith. Cay v. Estelle, 789 F.2d 318, 326 (5th Cir. 1986). An appeal is taken in good faith if it presents an arguable issue on the merits and therefore is not frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962); Howard v. King, 707 F.2d 215, 219 (5th Cir. 1983). A movant must demonstrate the existence of a non-frivolous issue for appeal. See Payne v. Lynaugh, 843 F.2d 177, 178 (5th Cir. 1988). Adger has not identified a non-frivolous issue for appeal, and this Court is aware of none. Accordingly, it is hereby
ORDERED that the motion to appeal in forma pauperis [Doc. # 600] is DENIED.
SIGNED at Houston, Texas, this 13th day of May, 2013.
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Nancy F. Atlas
United States District Judge