U.S. v. Tidwell

Full title: United States v. Tidwell

Court: United States District Court, N.D. Illinois

Date published: Sep 30, 2004

No. 93 CR 20024-3 (N.D. Ill. Sep. 30, 2004)

Opinion

No. 93 CR 20024-3.

September 30, 2004

MEMORANDUM OPINION AND ORDER

PHILIP REINHARD, District JudgePage 2

Samuel Tidwell, a federal prisoner, filed an appeal from the denial of his motion filed pursuant to 18 U.S.C. § 3582(c)(2). He has now filed in this court an application to proceed on appeal without prepayment of fees under 28 U.S.C. § 1915.

In ruling on Tidwell's application, this court must determine whether his appeal is taken in good faith. See 28 U.S.C. § 1915(a)(3). An appeal is taken in good faith if a "reasonable person could suppose that the appeal has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7^th Cir. 2000).

Because Tidwell's section 3582(c)(2) motion was without merit, the court certifies that the appeal is not taken in good faith. Thus, the court denies Tidwell's application to proceed on appeal without prepayment of fees.