Opinion
Case No. 04-cr-80773
03-09-2012
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. GEORGE S. SCANTLAND, Defendant/Movant.
Paul D. Borman
United States District Judge
Paul J. Komives
United States Magistrate Judge
OPINION AND ORDER DENYING APPLICATION TO PROCEED IN FORMA
PAUPERIS ON APPEAL (Dkt. No. 122)
On May 2,2011, the Court entered an Order (1) adopting the Report and Recommendation denying Defendant's Motion to Vacate, Set Aside, or Correct his sentence, (2) denying Defendant a Certificate of Appealability, and (3) denying Defendant's Motions for Default Judgment, to Unseal the Grand Jury Transcripts, and for New Trial. (Dkt. No. 115.) Now before the Court is Defendant's Application to Proceed Without Prepaying Fees or Costs.
Defendant filed an Application to Proceed Without Prepaying Fees or Costs in the District Court. However, Defendant filed his Notice of Appeal on February 13, 2012 (Dkt. No. 120), and appears to be requesting a waiver of fees on appeal.
In its May 2, 2011 Order, the Court adopted the reasoning of the Magistrate Judge, and denied Defendant a Certificate of Appealability, finding that the issues presented by Defendant were not debatable among jurists of reason. See Hicks v. Johnson, 186 F.3d 634, 636 (5th Cir. 1999) (citations omitted). Accordingly, the Court further concludes that Petitioner should not be granted leave to proceed in forma pauperis on appeal as any appeal would be frivolous and cannot be taken in good faith. See Fed. R. App. P. 24(a).
IT IS SO ORDERED.
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PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE