AROCHO
v.
SECRETARY, DOC (LEE COUNTY)
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The court held that the petitioner's appeal is not taken in good faith and denied his motion to proceed in forma pauperis.
The petitioner filed a motion for leave to appeal in forma pauperis after the court denied his motion for a certificate of appealability. The court fo…
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: Before the Court is Petitioner Julian Arocho’s Motion for Leave to Appeal /n Forma Pauperis (Doc. 24) filed on August 16, 2019. On July 17, 2019, the Court entered an Order denying Plaintiffs Motion for a Certificate of Appealability. (Doc. 23). Pursuant to Rule 24(a) of the Federal Rules of Appellate Procedure, Petitioner's appeal is not taken in good faith and he will be required to pay the $505.00 appellate filing and docketing fees. See also Mcintosh v. United State Parole Comm., 115 F. 3d 809, 812 (10th Cir. 1997) (Petitioner must demonstrate “the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal.”). Petitioner has not identified any meritorious issues to raise on appeal. Because the Court has certified
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that this appeal is not taken in good faith, any request to proceed in forma pauperis should be sent directly to the Eleventh Circuit Court of Appeals. See Fed. R. App. P. 24(a)(5). Accordingly, it is now ORDERED: Petitioner's Julian Arocho’s Motion for Leave to Appeal /n Forma Pauperis (Doc. 24) is DENIED. DONE and ORDERED in Fort Myers, Florida this 8th day of October 2019.
UNITED STATES DISTRICT JUDGE
SA: FTMP-2 Copies: All Parties of Record