Johnson v. Bauman

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ANDREW DEAN JOHNSON,

Petitioner, Civil No. 2:19-CV-12423 HONORABLE DENISE PAGE HOOD v. CHIEF UNITED STATES DISTRICT JUDGE

CATHERINE S. BAUMAN,

Respondent, ___________________________________/

OPINION AND ORDER DENYING AS MOOT THE MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL Andrew Dean Johnson, (“Petitioner”), confined at the Newberry Correctional Facility in Newberry, Michigan, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 through attorney David L. Moffitt. On September 30, 2020, the Court summarily dismissed the petition without prejudice because petitioner failed to exhaust his state court remedies. The Court denied petitioner a certificate of appealability but granted him leave to appeal in forma pauperis. Johnson v. Bauman, No. 2:19-CV-12423, 2020 WL 5819567 (E.D. Mich. Sept. 30, 2020). Petitioner has now filed a motion to proceed in forma pauperis on appeal. This Court already granted petitioner leave to appeal in forma pauperis, it is thus unnecessary for petitioner to again obtain permission to proceed in forma pauperis on appeal. Petitioner’s current motion to proceed in forma pauperis on appeal (ECF No. 24) will therefore be denied as moot. See McMillan v. McKune, 16 F. App’x. 896, 897 (10th Cir. 2001).

s/Denise Page Hood Chief Judge, United States District Dated: January 4, 2021