Opinion
09-cr-18-bbc 11-cv-742-bbc
03-12-2012
UNITED STATES OF AMERICA, Plaintiff, v. VINCENT LOWE, Defendant.
ORDER
Defendant Vincent Lowe has filed a notice of appeal from the February 21, 2012 order denying his post conviction motion under 28 U.S.C. § 2255. His notice of appeal was not accompanied by the $455 fee for filing an appeal. 28 U.S.C. § 2253(c)(1)(A); Fed. R. App. P. 22. Therefore, I construe it as including a request for leave to proceed in forma pauperis on appeal pursuant to 28 U.S.C. § 1915. According to 28 U.S.C. § 1915(a), a defendant who is found eligible for court-appointed counsel in the district court proceedings may proceed on appeal in forma pauperis without further authorization "unless the district court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled so to proceed." Defendant had appointed counsel during the criminal proceedings against him and I do not intend to certify that the appeal is not taken in good faith. Defendant's challenge to his sentence is not wholly frivolous. A reasonable person could suppose that it has some merit. Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000).
ORDER
IT IS ORDERED that defendant Vincent Lowe's request for leave to proceed in forma pauperis on appeal is GRANTED.
BY THE COURT:
___________
BARBARA B. CRABB
District Judge