Gowans v. Crews, No. 5:2011cv00311 - Document 26 (E.D. Ky. 2012)

Court Description: MEMORANDUM OPINION & ORDER: It is ordered that 25 MOTION for Leave to Appeal in forma pauperis is DENIED without prejudice to a request for such relief in the 6CCA. Signed by Judge Joseph M. Hood on 9/13/2012.(SCD)cc: COR,6CCA

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON JAMES EVERETT GOWANS, Petitioner, v. COOKIE CREWS, Warden, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Case No. 11-311-JMH-CJS MEMORANDUM OPINION & ORDER *** Petitioner has filed a Motion for Leave to Appeal In Forma Pauperis [DE 25]. The Court has, however, declined to issue a certificate of appealability in this matter, and that decision remains intact [DE 18]. By declining to issue a certificate of appealability and stating its reasons in writing, this Court has certified that an appeal would not be taken in good faith. Thus, Petitioner is placed in a position where he must seek further authorization to proceed on appeal in forma pauperis under Fed. R. App. P. 24(a)(3)(A), notwithstanding his earlier status in forma pauperis before any other Court. As the Court understands Fed. R. App. P. 24(a)(3), (4), and (5), any further request to proceed on appeal in forma pauperis is properly addressed to the Sixth Circuit Court of Appeals. Accordingly, IT IS ORDERED that Petitioner s Motion for Leave to Appeal In Forma Pauperis [DE 25] is DENIED without prejudice to a request for such relief in the Sixth Circuit Court of Appeals. This the 13th day of September, 2012.

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