Pyatt, Joe v. United States of America
| Joe Nathan Pyatt, Jr |
| United States of America |
| 1:2024cv24973 |
| December 18, 2024 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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Filing 9
PAPERLESS ORDER denying Joe Nathan Pyatt, Jr.'s #8 Motion for Leave to Appeal in forma pauperis ("IFP"). An appeal may not be taken IFP "if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. 1915(a)(3); accord Fed. R. App. P. 24(a)(3)(A). "A party demonstrates good faith by seeking appellate review of any issue that is not frivolous when examined under an objective standard." Ghee v. Retailers Nat. Bank, 271 F. App'x 858, 859 (11th Cir. 2008) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962)). "An issue is frivolous when it appears that the legal theories are indisputably meritless. In other words, an IFP action is frivolous, and thus not brought in good faith, if it is without arguable merit either in law or fact." Ibid. (cleaned up). When we denied Pyatt's 2241 petition, we explained that "if Pyatt believes the indictment against him is defective, he can argue this point, not in a federal habeas petition, but by filing a pretrial motion" in his criminal case. Order [ECF No. 4] at 4 (cleaned up). But Pyatt "cannot file a habeas petition without his attorney... to circumvent our ruling that he cannot proceed pro se in his criminal proceeding." Ibid. (cleaned up). So, for the reasons stated in our Order, we deny Pyatt's IFP Motion and certify that this appeal has not been taken in good faith, because there is no issue Pyatt could raise on appeal with arguable merit. Signed by Judge Roy K. Altman on 2/12/2025. (gan)
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| Filing 8 MOTION for Leave to Appeal in forma pauperis by Joe Nathan Pyatt, Jr. (Attachment: #1 Exhibits)(apz) |
| Filing 7 Acknowledgment of Receipt of NOA from USCA re #5 Notice of Appeal, filed by Joe Nathan Pyatt, Jr. Date received by USCA: 2/3/2025. USCA Case Number: 25-10338-G. (apz) |
| Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re #5 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 6 TRANSCRIPT ORDER FORM filed by Joe Nathan Pyatt, Jr re #5 Notice of Appeal, filed by Joe Nathan Pyatt, Jr. No Transcript Requested. (apz) |
| Filing 5 Notice of Appeal re #4 Order Dismissing/Closing Case by Joe Nathan Pyatt, Jr. Filing Fee: NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (apz) |
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Filing 4
ORDER Dismissing Corrected Petition #3 , Closing Case. (Without Prejudice) Signed by Judge Roy K. Altman on 1/3/2025. See attached document for full details. (cqs)
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| Filing 3 Corrected Petition for an Extraordinary Writ of Habeas Corpus against United States of America, filed by Joe Nathan Pyatt, Jr.(ar24) |
| Filing 2 Judge Assignment to Judge Roy K. Altman (kma) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (not paid/ IFP Motion not filed), filed by Joe Nathan Pyatt, Jr. (Attachments: #1 Civil Cover Sheet, #2 Appendix I - VII)(kma) |
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| Defendant: United States of America | |
| Represented By: | Noticing 2241/Bivens US Attorney |
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| Plaintiff: Joe Nathan Pyatt, Jr | |
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