HUEY v. MYERS

United States District Court for the Middle District of Georgia

HUEY v. MYERS

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

BRUCE WAYNE HUEY, ) ) ) Petitioner, ) ) v. ) CIVIL ACTION NO. 5:20-cv-325 (MTT) ) DARRIN MYERS, ) ) ) Respondent. ) __________________ )

ORDER Petitioner Bruce Wayne Huey moves for leave to appeal in forma pauperis (“IFP”) from the Court’s order denying his petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

. Doc. 38. Huey’s motion does not raise any meritorious issues and would therefore be considered frivolous under review of a motion for leave to appeal IFP. See

28 U.S.C. § 1915

; Coppedge v. United States,

369 U.S. 438, 445

(1962) (holding that a plaintiff demonstrates good faith under

28 U.S.C. § 1915

when he seeks review of a non-frivolous issue); Carroll v. Gross,

984 F.2d 392, 393

(11th Cir. 1993) (“[A] case is frivolous . . . when it appears the plaintiff ‘has little or no chance of success.’”) (citations omitted). Moreover, the Court already considered Huey’s claims when it denied him a certificate of appealability. Docs. 32; 34. Accordingly, Huey’s motion to proceed IFP on appeal (Doc. 38) is DENIED. SO ORDERED, this 7th day of March, 2022. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

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