Martinez v. United States

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT July 15, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION REYNALDO MARTINEZ § § Petitioner § VS. § CIVIL ACTION NO. 1:22-CV-037 § CRIMINAL ACTION NO. 1:14-CR-918-1 UNITED STATES OF AMERICA § ORDER In January 2022, Petitioner Reynaldo Martinez filed a Motion Pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. (Docs. 1,5) After a United States Magistrate Judge recommended that Martinez’s claims be denied as meritless, the Court overruled Martinez’s objections, adopted the Report and Recommendation, and denied Martinez’s Petition. (Order Adopting R&R, Doc. 13) In June 2022, Martinez filed a Notice of Appeal (Doc. 16), and now requests approval to proceed in forma pauperis on appeal. (App. to Proceed IFP, Doc. 18) However, the Court previously denied Martinez a certificate of appealability, finding that there is no outstanding issue that would be debatable among jurists of reason in this case. (Order Adopting R&R, Doc. 13, 2) As Martinez is not entitled to appeal the Court’s Order, he is not entitled to proceed in forma pauperis. See Williams v. United States, No. 4:09CR87(), 2016 WL 4003397, at *1 (E.D. Tex. July 26, 2016) (“Because [Petitioner] has not shown that he is entitled to a certificate of appealability, he also has not shown that he is entitled to proceed in forma pauperis on appeal”). Accordingly, it is: ORDERED that Plaintiff Reynaldo Martinez’s Application to Proceed in forma pauperis (Doc. 18) is DENIED. Signed on July 15, 2022. Torneo feodbiigresy Le Fernando Rodriguez, Jr. United States District Judge