Baldwin v. United States

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION JOHN ANTHONY BALDWIN, JR., ) ) Petitioner ) ) vs. ) CAUSE NO. 3:18-CV-420 RLM ) (Arising out of 3:17-CR-70 RLM) UNITED STATES OF AMERICA, ) ) Respondent ) OPINION and ORDER Defendant John Baldwin, Jr., filed an appeal challenging the court’s October 9, 2019 order denying his motion to vacate under 28 U.S.C. § 2255. His motion to proceed in forma pauperis on appeal and implied request for a certificate of appealability are before the court. Issuance of a certificate of appealability requires the court to find that Mr. Baldwin has made “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). He hasn’t done that. A financially indigent person may be permitted to proceed on appeal in forma pauperis unless the court “certifies that the appeal is not taken in good faith.” Fed. R. App. P. 24(a)(3). The court must determine “that a reasonable person could suppose that the appeal has some merit.” Walker v. O’Brien, 216 F.3d 626, 632 (7th Cir. 2000). The court would be hard-pressed to make such a finding in this case, and concludes that his appeal is not taken in good faith. Based on the foregoing, Mr. Baldwin’s motion for leave to proceed in forma pauperis on appeal [Doc. No. 66 in 3:17cr70][Doc. No. 10 in 3:18cv420] and implied request for a certificate of appealability are DENIED.

SO ORDERED. ENTERED: December 18, 2019

/s/ Robert L. Miller, Jr. Judge United States District Court cc: J. Baldwin