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United States v. Daniels

United States District Court, Eastern District of Michigan, Southern Division

May 13, 2015

UNITED STATES OF AMERICA, Plaintiff/Respondent,
v.
AHMAD DANIELS, Defendant/Petitioner. Criminal No. 06-20234

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL

JOHN CORBETT O’MEARA UNITED STATES DISTRICT JUDGE

Before the court is Defendant/Petitioner Ahmad Daniels’s application to proceed in forma pauperis on appeal. The court denied Defendant’s motion to vacate sentence under 28 U.S.C. § 2255 on December 18, 2014, and also denied Defendant’s motion for a certificate of appealability on February 17, 2015.

The court may grant in forma pauperis status if the court finds that an appeal is being taken in good faith. See Fed. R. App. P. 24 (a); Foster v. Ludwick, 208 F.Supp.2d 750, 765 (E.D. Mich. 2002). Good faith requires a showing that the issues raised are not frivolous. Id.

In his § 2255 motion, Defendant pursued an ineffective assistance of counsel claim, which the court denied. The court further found, in denying a certificate of appealability, that Defendant did not make a substantial showing of the denial of a constitutional right. Although Defendant has not delineated the issues he seeks to pursue (see Fed. R. App. P. 24(a)), the court does not discern a non-frivolous basis for appeal.

Accordingly, IT IS HEREBY ORDERED that Defendant’s application to proceed in forma pauperis on appeal is DENIED.


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