United States District Court for the Southern District of Florida Jose F. Noesi, Petitioner, ) ) v. ) ) Civil Action No. 20-21256-Civ-Scola United States of America, ) Respondent. ) ) Order Denying Motion for Leave to Appeal In Forma Pauperis The Petitioner Jose F. Noesi has moved for leave to proceed in forma pauperis on appeal. The Court denies his motion because his appeal is not taken in good faith. “An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”

(a)(3). “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 National Bank, 271 F. Appx 858, 859 (11th Cir. 2008). An appeal filed in forma pauperis is frivolous “when it appears the plaintiff has little or no chance of success,” meaning that the “factual allegations are clearly baseless or that the legal theories are indisputably meritless.” Carroll v. Gross,

(11th Cir. 1993) (internal quotation marks omitted). Noesi’s appeal has little to no chance of success: he has not obtained an order from the appropriate court of appeals authorizing the district court to consider his successive § 2255 petition. See Rules Governing § 2255 Proceedings, Rule 9; Gonzalez v. Secretary for Dep’t of Corr.,

(11th Cir. 2004). The allegations he presents in his notice of appeal fail to address these shortcomings, and he does not set forth any legal theory that has any merit. For the reasons set forth above, the Court denies Noesi’s motion for leave to proceed in forma pauperis on appeal (ECF No. 12) and certifies that his appeal is not takenin good faith. Done and ordered, at Miami, Florida, ESL— Robert N. Scola, Jr. United States District Judge