Ochoa-Orozco v. United States

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS CARLOS OCHOA-OROZCO, #26996-078 § § versus § CIVIL ACTION NO. 4:20-CV-518 § CRIMINAL ACTION NO. 4:17-CR-47(2) UNITED STATES OF AMERICA § MEMORANDUM OPINION AND ORDER Carlos Ochoa-Orozco filed a motion for leave to appeal in forma pauperis (#34). Appellant may proceed in forma pauperis on appeal only if he is economically eligible and presents a nonfrivolous issue. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). A review of the case shows that, on September 26, 2023, the Court denied Movant’s Motion to Vacate, Set Aside, or Correct Sentence because the issues raised were without merit. At that time, the Court denied a certificate of appealability (#27). Because Movant has neither presented a nonfrivolous issue nor 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. United States v. Delario, 120 F.3d 580, 582 (5th Cir. 1997). It is therefore ORDERED Movant’s motion for leave to appeal in forma pauperis (#34) is DENIED.