U.S. v. Terry

Full title: UNITED STATES OF AMERICA, v. ANDREW TERRY

Court: United States District Court, W.D. Pennsylvania

Date published: May 19, 2011

Criminal No. 10-0029 (W.D. Pa. May. 19, 2011)

Opinion

Criminal No. 10-0029.

May 19, 2011

ORDER

GARY LANCASTER, District Judge

AND NOW this 19^TH day of May, 2011, IT IS HEREBY ORDERED that the court will DENY defendant's motion for leave to proceed in forma pauperis.

On March 11, 2009, defendant, Andrew Terry, was indicted for Possession of a Firearm by a Convicted Felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Trial is scheduled for July 5, 2011.

On March 3, 2011, defendant notified the court of his intention to represent himself with standby counsel. After a hearing on the matter, the court granted defendant's request to proceed pro se and appointed counsel to serve as standby counsel. On April 7, 2011, defendant filed a motion for leave to proceed in forma pauperis.

A defendant in a criminal case cannot appear in forma pauperis.In forma pauperis is a status that allows indigent plaintiffs "to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security." 28 U.S.C. § 1915(a)(2). Defendant has pointed to no statutory authority authorizing this court to grant in forma pauperis status to a defendant in a criminal case. However, if defendant now wants counsel to represent him, defendant may request representation and the court will appoint counsel at that time.