ANKH EL v. BUTTS

ANKH EL v. BUTTS

Petitioner:	MENES ANKH EL
Respondent:	KEITH BUTTS
Case Number:	1:2017cv04335
Filed:	November 20, 2017
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	William T. Lawrence
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
April 3, 2020	Filing 70 ORDER DENYING MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS AND DENYING CERTIFICATE OF APPEALABILITY - The petitioner seeks leave to proceed on appeal without prepayment of the appellate fees of $505.00. An appeal may not be taken in forma paupe ris if the trial court certifies that the appeal is not taken in good faith. 28 U.S.C. § 1915; see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of § 1915 must be judged by an objective, not a sub jective, standard. See id. There is no objectively reasonable argument the petitioner could present to argue that the disposition of this action was erroneous. In pursuing an appeal, therefore, the petitioner "is acting in bad faith... [because ] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Accordingly, his appeal is not taken in good faith, and for this reason his request for leave to proceed on appeal in forma pauperis, dkt. 64 , is DENIED. Because the petitioner has not demonstrated a substantial showing of the denial of a constitutional right or that reasonable jurists could disagree about whether any procedural ruling in this case was correct, his motion for a certificate of appealability, dkt. 65 , is DENIED. (See Order). Copy to Menes Ankh El via U.S. mail. Signed by Judge James Patrick Hanlon on 4/3/2020. (JDH)
June 27, 2019	Filing 56 Order Discussing Petition for a Writ of Habeas Corpus - Petitioner Menes Ankh-El brings this petition for a writ of habeas corpus challenging his state conviction for burglary, forgery, and driving while suspended. Ankh-El now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Ankh-El's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is denied. His motion for judgment as a matter of law, dkt. 43, and his motion for confidential transcripts, dkt. 55, are both denied. A certificate of appealability shall not issue. Final Judgment in accordance with this decision shall issue. (See Order). Copy to Menes Ankh-El via U.S. mail. Signed by Judge William T. Lawrence on 6/27/2019. (JDH)

Date Filed

Document Text

April 3, 2020

Filing 70 ORDER DENYING MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS AND DENYING CERTIFICATE OF APPEALABILITY - The petitioner seeks leave to proceed on appeal without prepayment of the appellate fees of $505.00. An appeal may not be taken in forma paupe ris if the trial court certifies that the appeal is not taken in good faith. 28 U.S.C. § 1915; see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of § 1915 must be judged by an objective, not a sub jective, standard. See id. There is no objectively reasonable argument the petitioner could present to argue that the disposition of this action was erroneous. In pursuing an appeal, therefore, the petitioner "is acting in bad faith... [because ] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Accordingly, his appeal is not taken in good faith, and for this reason his request for leave to proceed on appeal in forma pauperis, dkt. 64 , is DENIED. Because the petitioner has not demonstrated a substantial showing of the denial of a constitutional right or that reasonable jurists could disagree about whether any procedural ruling in this case was correct, his motion for a certificate of appealability, dkt. 65 , is DENIED. (See Order). Copy to Menes Ankh El via U.S. mail. Signed by Judge James Patrick Hanlon on 4/3/2020. (JDH)

June 27, 2019

Filing 56 Order Discussing Petition for a Writ of Habeas Corpus - Petitioner Menes Ankh-El brings this petition for a writ of habeas corpus challenging his state conviction for burglary, forgery, and driving while suspended. Ankh-El now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Ankh-El's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is denied. His motion for judgment as a matter of law, dkt. 43, and his motion for confidential transcripts, dkt. 55, are both denied. A certificate of appealability shall not issue. Final Judgment in accordance with this decision shall issue. (See Order). Copy to Menes Ankh-El via U.S. mail. Signed by Judge William T. Lawrence on 6/27/2019. (JDH)

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Petitioner: MENES ANKH EL
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Respondent: KEITH BUTTS
Represented By:	Henry A. Flores, Jr.
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