Opinion
CASE NO. 1:15-cr-09-AW-GRJ
12-19-2019
UNITED STATES OF AMERICA v. TAWANDA LAKAYE BURKETT
REPORT AND RECOMMENDATION
Pending before the Court is Defendant's Motion for Leave to Appeal In Forma Pauperis. ECF No. 311. On August 23, 2019, the undersigned recommended Defendant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, ECF Nos. 226, 289, and request for certificate of appealability should be denied. ECF No. 296. On November 12, 2019, the district court adopted the undersigned's report and recommendation, denied Defendant's § 2255 motion, and declined to issue a certificate of appealability. ECF No. 305. Defendant filed a notice of appeal, ECF No. 307, and now requests permission to proceed in the appeal as a pauper, ECF No. 311.
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." See also Fed. R. App. P. 24(a)(3)(A). The Court finds that Defendant's appeal is not taken in good faith, inasmuch as Defendant has failed to identify a nonfrivolous issue for appeal. See Busch v. Cty. of Volusia, 189 F.R.D. 687, 692 (M.D. Fla. 1999) (holding a party "demonstrates good faith when she seeks appellate review of any issue that is not frivolous"). Indeed, contrary to the requirements of Federal Rule of Appellate Procedure 24(a)(1), Defendant does not identify in her motion any issue she intends to present on appeal. Defendant's motion for leave to appeal in forma pauperis, ECF No. 311, should therefore be denied.
Accordingly, it is respectfully RECOMMENDED that Defendant's Motion for Leave to Appeal In Forma Pauperis, ECF No. 311, should be DENIED.
IN CHAMBERS this 19th day of December 2019.
/s/_________
GARY R. JONES
United States Magistrate Judge
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within fourteen (14) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only , and does not control. A copy of objections shall be served upon all other parties. If a party fails to object to the magistrate judge's findings or recommendations as to any particular claim or issue contained in a report and recommendation, that party waives the right to challenge on appeal the district court's order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.