Opinion
NO. 3-05-CR-0067-N NO. 3-12-CV-0934-N
07-03-2012
UNITED STATES OF AMERICA v. ROBERT L. MIHAILOVICH Defendant.
RECOMMENDATION REGARDING MOTION TO PROCEED
IN FORMA PAUPERIS ON APPEAL
A Notice of Appeal has been filed in the above captioned action in which:
() the District Court has entered a final order in a habeas corpus proceeding brought pursuant to 28 U.S.C. § 2254.
(X) the District Court has entered a final order in a proceeding pursuant to 28 U.S.C. § 2255.
Pursuant to Federal Rule of Appellate Procedure 22(b) and 28 U.S.C. § 2253(c), the undersigned Magistrate Judge recommends as follows:
IFP STATUS:
(X) the party appealing should be GRANTED leave to proceed in forma pauperis. () the party appealing is proceeding in forma pauperis.
() the party appealing should be DENIED leave to proceed in forma pauperis for the following reason(s):
() the Court recommends that the District Court certify, pursuant to Fed. R. App. P. 24(a) and 28 U.S.C. § 1915(a)(3), that the appeal is not taken in good faith;
() the person appealing is not a pauper because he has paid the appellate filing fee;
() the person appealing has not complied with the requirements of Rule 24 of the Federal Rules of Appellate Procedure and/or 28 U.S.C. § 1915(a)(1) as ordered by the Court. (See Notice of Deficiency and Order entered on __________).
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JEFF K. APLAN
UNITED STATES MAGISTRATE JUDGE