Vaughn v. Rios, No. 1:2011cv01001 - Document 13 (C.D. Ill. 2011)
Court Description: OPINION and ORDER denying 9 Motion for Leave to Appeal in forma pauperis; denying 12 Motion to Supplement. This Court certifies that the appeal is not taken in good faith. Entered by Judge Joe Billy McDade on 3/9/2011. (cc: pro se petitioner and CA7)(RK, ilcd)
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Vaughn v. Rios Doc. 13 E-FILED Wednesday, 09 March, 2011 01:06:05 PM Clerk, DISTRICT COURT U.S. District Court, ILCD UNITED STATES CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION DWAIN VAUGHN, ) ) ) ) ) ) ) ) ) Petitioner, v. RICARDO RIOS, Respondent. Case No. 11-cv-1001 O P I N I O N and O R D E R Before the Court are the Motion for Leave to Appeal in forma pauperis (Doc. 9) and the Supplement to the Notice of Appeal (Doc. 12) filed by Petitioner. The Motion is DENIED and this Court certifies that the appeal is not taken in good faith. Petitioner states that this Court erred in denying his habeas petition because the Supreme Court s decision in Begay v. United States, 553 U.S. 137 (2008) excludes him from career offender status for purposes of sentencing. This Court, however, did not rule on the applicability of Begay to Petitioner s sentence but rather indicated that he must seek relief pursuant to 28 U.S.C. § 2255. Petitioner offers no basis to appeal this ruling. Therefore, and for the reasons set forth in this Court s January 14, 2011 Order, the appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3). Entered this 9th day of March, 2011 s/ Joe B. McDade JOE BILLY MCDADE Senior United States District Judge Dockets.Justia.com
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