Smith v. Superintendent, No. 3:2016cv00718 - Document 13 (N.D. Ind. 2016)
Court Description: OPINION AND ORDER: DENYING 9 MOTION for Leave to Appeal in forma pauperis by Petitioner Virgil Justin Smith and 10 MOTION for Leave to Appeal Under App. Rule 24(c) by Petitioner Virgil Justin Smith. Signed by Judge Rudy Lozano on 11/22/2016. (lhc)(cc: Smith)
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Smith v. Superintendent Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION VIRGIL JUSTIN SMITH, ) ) ) ) ) ) ) ) ) Petitioner, vs. SUPERINTENDENT, Respondent. CAUSE NO. 3:16-CV-00718 OPINION AND ORDER This matter is before the Court on two motions seeking to proceed in forma pauperis on appeal filed by Virgil Justin Smith, a pro se prisoner, on November 18, 2016. Pursuant to 28 U.S.C. § 1915(a)(3), “[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.” This successive habeas corpus petition was dismissed for want of jurisdiction. Therefore this appeal is not taken in good faith. For the reasons set forth above, the motions (DE 9 and 10) are DENIED and Virgil Justin Smith is DENIED leave to proceed in forma pauperis on appeal. DATED: November 22, 2016 /s/RUDY LOZANO, Judge United States District Court Dockets.Justia.com
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