Opinion
Case No. 5:10-cr-40014-JTM
05-03-2016
UNITED STATES OF AMERICA, Plaintiff, v. RITO VASQUEZ-GARCIA, Defendant.
MEMORANDUM AND ORDER
This matter is before the court on a motion for leave appeal in forma pauperis by Rito Vasquez-Garcia. Under 28 U.S.C. § 1915(a)(1), the court may authorize an appeal without prepayment of fees. An appeal may not be taken in forma pauperis, however, if the trial court certifies in writing that the appeal is not taken in good faith. § 1915(a)(3).
"Good faith" in this context does not refer to the movant's subjective state of mind. It refers to the existence of a reasoned, non-frivolous argument on the law and facts. See DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991). Movant has failed to show that he seeks to raise a legally non-frivolous argument on appeal. Accordingly, the court certifies that the appeal is not taken in good faith.
IT IS THEREFORE ORDERED this 3rd day of May, 2016, that Rito Vasquez-Garcia's Motion for Leave to Appeal In Forma Pauperis (Dkt. 222) is DENIED.
s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE