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Verner v. Attorney General

February 27, 2006

JAMES EDWARD VERNER, APPLICANT,
v.
ATTORNEY GENERAL, AND ROBERT WILEY, WARDEN, UNITED STATES PENITENTIARY - MAX, FLORENCE, COLORADO, RESPONDENTS.



The opinion of the court was delivered by: Weinshienk, Senior Judge

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

Applicant has submitted a Notice of Appeal. Applicant previously was allowed to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 in this court in this action. The court has examined the file and has determined that leave to proceed in forma pauperis on appeal must be denied. Pursuant to Rule 24(a)(3) of the Federal Rules of Appellate Procedure, the court finds that this appeal is not taken in good faith because applicant has not shown the existence of a reasoned, non-frivolous argument on the law and facts in support of the issues raised on appeal. Accordingly, it is

ORDERED that leave to proceed in forma pauperis on appeal is denied because this appeal is not taken in good faith.

DATED at Denver, Colorado this 24 day of February , 2006.

ZITA L. WEINSHIENK, Senior Judge United States District Court

20060227

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