Opinion
CAUSE NO. 3:06-CV-034-AS.
December 13, 2006
ORDER
James E. Williams, a pro se prisoner, filed a motion for a certificate of appealability and a petition to proceed in forma pauperis. A certificate of appealability may not be issued unless the claims presented in the habeas petition are "debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are adequate to deserve encouragement to proceed further." Barefoot v. Estelle, 463 U.S. 880, 893 n. 4 (1983) (quotation marks omitted). Additionally, "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3). For the reasons stated in this court's order denying the habeas corpus petition (docket # 23), this appeal does not raise any such issues and it is not taken in good faith. For the foregoing reasons, the certificate of appealability (docket # 26) is DENIED and the petitioner is DENIED leave to proceed in forma pauperis (docket # 27).