Pope v. Christianson

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

KERRIION POPE,

Petitioner,

v. CASE NO. 4:23-CV-12554 HONORABLE F. KAY BEHM UNITED STATES DISTRICT COURT JUDGE

JOHN CHRISTIANSON,

Respondent, ___________________________________/ OPINION AND ORDER DENYING AS MOOT THE MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (ECF No. 15)

On September 26, 2024, this Court issued an opinion and order denying Petitioner’s application for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. This Court also denied Petitioner a certificate of appealability, but granted Petitioner leave to appeal in forma pauperis. Pope v. Christianson, No. 4:23-CV- 12554, 2024 WL 4312210 (E.D. Mich. Sept. 26, 2024). 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 will therefore be denied as moot. See McMillan v. McKune, 16 F. App’x 896, 897 (10th Cir. 2001). IT IS HEREBY ORDERED that the motion for leave to appeal in forma pauperis (ECF No. 15) is DENIED MOOT.

s/F. Kay Behm F. Kay Behm Date: December 6, 2024 United States District Judge