HUEY v. MYERS

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

BRUCE WAYNE HUEY, ) ) ) Petitioner, ) ) v. ) CIVIL ACTION NO. 5:20-cv-325 (MTT) ) DARRIN MYERS, ) ) ) Respondent. ) __________________ )

ORDER Petitioner Bruce Wayne Huey moves for leave to appeal in forma pauperis (“IFP”) from the Court’s order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 38. Huey’s motion does not raise any meritorious issues and would therefore be considered frivolous under review of a motion for leave to appeal IFP. See 28 U.S.C. § 1915; Coppedge v. United States, 369 U.S. 438, 445 (1962) (holding that a plaintiff demonstrates good faith under 28 U.S.C. § 1915 when he seeks review of a non-frivolous issue); Carroll v. Gross, 984 F.2d 392, 393 (11th Cir. 1993) (“[A] case is frivolous . . . when it appears the plaintiff ‘has little or no chance of success.’”) (citations omitted). Moreover, the Court already considered Huey’s claims when it denied him a certificate of appealability. Docs. 32; 34. Accordingly, Huey’s motion to proceed IFP on appeal (Doc. 38) is DENIED. SO ORDERED, this 7th day of March, 2022. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT