Opinion
No. 01 C 1540 (87 CR 17)
August 14, 2002
MEMORANDUM ORDER
Following this Court's July 24, 2002 issuance of its Statement as to Certificate of Appealability regarding the Notice of Appeal by Donald Smith ("Smith") from the summary dismissal of his 42 U.S.C. § 2255 motion, Smith has filed a Motion To Proceed In Forma Pauperis. That motion has been accompanied by a form of In Forma Pauperis Declaration, which includes (1) a statement by Smith that "I receive Approx. one hundred dollars a month from a friend and her daughter" and (2) a certificate from the correctional institution where Smith is in custody that as of the August 1 date of Smith's declaration he had $121.24 in his prison account — more than enough to cover the $105 in appellate filing fees.
This situation differs from the usual one in which prisoners are lacking in the necessary funds to proceed. Under the circumstances, Smith would obviously qualify for the appointment of pro bono counsel if he were allowed to proceed with his appeal. But given Smith's indicated regular ongoing sources of contributed funds — and with over $120 now on hand — this Court denies Smith's motion to the extent that he seeks to avoid prepayment of the filing fees. Because of the information that he has provided in that respect, this Court finds that the installment payment provisions of 28 U.S.C. § 1915 are inapplicable.