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 (#38). 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 (Sth Cir. 1982). A review of the case shows that, on October 25, 2023, the Court denied Movant’s Motion for Relief from Judgment pursuant to Fed. R. Civ. P. 60(b) because it was without merit (#32). On July 24, 2024, the Court denied a certificate of appealability (#36). 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 (Sth Cir. 1997). It is therefore ORDERED Movant’s motion for leave to appeal in forma pauperis (#38) is DENIED.

SIGNED at Beaumont, Texas, this 7th day of November, 2024.

PN b. Orne. MARCIA A.CRONE UNITED STATES DISTRICT JUDGE