Russ v. Baker

Summary

The United States District Court for the Southern District of Illinois denied Carl D. Russ’s motion to vacate the judgment dismissing his 28 U.S.C. § 2254 habeas petition. The court granted Russ’s motion to proceed in forma pauperis on appeal, finding that although a certificate of appealability had been denied, his appeal was taken in good faith.

Holdings

1. Russ was not entitled to vacatur of the judgment because his motion merely expressed disagreement with the court's decision and did not identify a proper basis for Rule 59(e) relief.
2. Russ was entitled to proceed in forma pauperis on appeal because he demonstrated indigency and the court found that his appeal was taken in good faith, even though the court had declined to issue a certificate of appealability.

Questions Presented

1. Whether Russ was entitled to relief under Federal Rule of Civil Procedure 59(e) from the judgment dismissing his § 2254 petition.
2. Whether Russ's appeal was taken in good faith and whether he was otherwise eligible to proceed in forma pauperis on appeal under 28 U.S.C. § 1915 and Federal Rule of Appellate Procedure 24.

Disposition

other