Opinion
3:24-cv-40-KAP
04-17-2024
JAMES ANTHONY WOLFE, Petitioner, v. JOHN RIVELLO, Superintendent S.C.I. Huntingdon, Respondent
MEMORANDUM ORDER
KEITH A. PESTO, UNITED STATES MAGISTRATE JUDGE
Petitioner Wolfe's motion for a certificate of appealability, ECF no. 16, is denied as unnecessary. My recommendation and petitioner's objections to it are pending, and no further motion is needed at this time.
Petitioner's motion to proceed in forma pauperis, ECF no. 19, is denied. Because petitioner has already paid the filing fee, no action is needed at this time. If the Court accepts petitioner's objections and rejects my recommendation that the petition be dismissed then petitioner will be granted ifp status for service. If the Court accepts my recommendation, then barring order of Court to the contrary petitioner must pay the full filing fee for any appeal or seek leave from the Court of Appeals to proceed on appeal in forma pauperis, because as my Report and Recommendation indicates, the history of this matter shows that any appeal would not be taken in good faith. See 28 U.S.C.§ 1915(a)(3). To the extent petitioner seeks to proceed in forma pauperis in the interlocutory appeal petitioner filed, it is procedurally defective and not in good faith.