Summary
This district court order addresses a pro se petitioner’s applications regarding an appeal from a denied habeas corpus petition. The court denies the petitioner’s request to proceed in forma pauperis on appeal as moot, noting that in forma pauperis status was already granted at the district court level. Additionally, the court orders the transfer of the petitioner’s motion for a certificate of appealability to the United States Court of Appeals for the Sixth Circuit.
Topics
Practice areas
Questions Presented
- Whether Davis's renewed application to proceed without prepaying fees and costs on appeal should be denied as moot because the district court had already granted him leave to appeal in forma pauperis.
- Whether Davis's motion for a certificate of appealability should be transferred to the Sixth Circuit because the district court had declined to issue a certificate of appealability.
Holdings
- A renewed application to proceed without prepaying fees and costs on appeal is unnecessary and should be denied as moot when the district court has already granted the petitioner leave to appeal in forma pauperis.
- When a district court denies a certificate of appealability, the habeas petitioner should seek a certificate from the court of appeals; accordingly, Davis's motion was transferred to the Sixth Circuit.
Key quotations
“The proper procedure when a district court denies a certificate of appealability, as this Court did, is for the habeas petitioner to file a motion for a certificate of appealability before the appellate court.”
“In the interests of justice, the Court orders Petitioner’s motion for a certificate of appealability to be transferred to the United States Court of Appeals for the Sixth Circuit.”
Factual background
Davis was pursuing an appeal from the denial of his federal habeas petition. The district court had already granted him leave to appeal in forma pauperis but had declined to issue a certificate of appealability. Davis then filed a renewed application concerning appellate fees and a motion for a certificate of appealability.
Procedural history
Davis filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied the petition, declined to issue a certificate of appealability, and granted leave to appeal in forma pauperis. After Davis filed a notice of appeal, he submitted another application to proceed without prepaying fees and costs and moved for a certificate of appealability. The court denied the fee application as moot and directed the clerk to transfer the certificate-of-appealability motion to the United States Court of Appeals for the Sixth Circuit.