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Hewitt v. The United States of America
5:10-cv-00192
S.D. Miss.
Nov 22, 2011
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*1 Case 5:10-cv-00192-DCB-JMR Document 22 Filed 11/22/11 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION JIMMY DALE HEWITT, JR., #09428-043 PETITIONER VERSUS CIVIL ACTION NO. 5:10-cv-192-DCB-JMR

APPEAL NO. 11-60528 UNITED STATES OF AMERICA, et al. RESPONDENTS

ORDER Before this Court is the Petitioner’s letter Motion [21] requesting that this Court reconsider his request to proceed in forma pauperis (IFP) on appeal or in the alternative grant an extension of time to pay the appeal filing fee. The Court entered an Order [17] on August 16, 2011, denying Petitioner’s application for leave to proceed in forma pauperis on appeal by certifying that the appeal was not taken in good faith pursuant to 28 U.S.C. § 1915 (a)(3) and Fed. R. App. P. 24(a)(3)(A). Petitioner has not presented anything to alter the Court’s decision that his appeal fails to present a good faith non-frivolous issue as required by 28 U.S.C. § 1915 (a)(3) to proceed in forma pauperis . Thus, to the extent Petitioner’s Motion [21] is requesting reconsideration of the Court’s Order [17], it is DENIED. To the extent Petitioner’s Motion [21] is requesting an extension of time to pay the appeal filing fee, that request is properly directed to the Fifth Circuit and not this Court.

SO ORDERED, this the 17th day of November, 2011.

s/ David Bramlette UNITED STATES DISTRICT JUDGE

Case Details

Case Name: Hewitt v. The United States of America
Court Name: District Court, S.D. Mississippi
Date Published: Nov 22, 2011
Docket Number: 5:10-cv-00192
Court Abbreviation: S.D. Miss.
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