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Flores v. United States

May 17, 2010

JORGE LUIS FLORES, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DENYING PETITIONER'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES

By Memorandum Decision and Order filed on March 25, 2010, Petitioner Jose Luis Flores' motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 was denied. Judgment for Respondent was entered on March 25, 2010. On April 5, 2010, Petitioner filed a Notice of Appeal. By Order filed on April 13, 2010, a Certificate of Appealability was denied. On May 5, 2003, Petitioner filed an "Application to Proceed Without Prepayment of Fees and Affidavit."

Rule 24(a)(1), Federal Rules of Appellate Procedure, provides:

Except as stated in Rule 24(a)(3), a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court. The party must attach an affidavit that:

(A) shows in the detail prescribed by Form A of the Appendix of Forms the party's inability to pay or to give security for fees and costs;

(B) claims an entitlement to redress; and

(C) states the issues that the party intends to present on appeal.

Rule 24(a)(4) and (a)(5) provide:

(a)(4) The district clerk must immediately notify the parties and the court of appeals when the district court does any of the following:

(A) denies a motion to proceed on appeal in forma pauperis;

(B) certifies that the appeal is not taken in good faith; or

(C) finds that the party is not otherwise entitled to proceed in forma pauperis.

(a)(5) A party may file a motion to proceed on appeal in forma pauperis in the court of appeals within 30 days after service of the notice prescribed in Rule 24(a)(4). The motion must include a copy of the affidavit filed in the district ...


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