Free Motion for Leave to Proceed in Forma Pauperis - District Court of Colorado - Colorado

Case 1:04-cv-01235-WYD

Document 22

Filed 05/25/2007

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I N THE U NITED S TATES D ISTRICT C OURT F OR THE D ISTRICT OF C OLORADO Civil Action No. 04-cv-01235-WYD J ASON A LAN C APPELLI, Applicant, v. JOE ORTIZ, Executive Director, and T HE A TTORNEY G ENERAL FOR THE S TATE OF C OLORADO, Respondents. MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS The Applicant, Jason Alan Cappelli, by and through counsel undersigned, hereby moves for an order pursuant to 28 U.S.C. § 1915, authorizing him to proceed on appeal in forma pauperis. Mr. Cappelli states: 1. On April 18, 2000, J ASON A LAN C APPELLI, having been committed to the

custody of the Executive Director the Colorado Department of Corrections for a term of eighteen (18) years, was in 2000 found indigent by the Jefferson County District Court. (See Exhibit 1.) 2. Mr. Cappelli remains incarcerated and unable to pay the filing fees for his

appeal to the Tenth Circuit. 3. Mr. Cappelli's appeal of the district court's denial of his habeas petition deals

with a claim that his Sixth Amendment right of confrontation was denied in state court; the appeal is taken in good faith; and it is not frivolous. WHEREFORE, Mr. Cappelli respectfully requests an order authorizing him to proceed on appeal in forma pauperis. Dated this 25 th day of May, 2007.

Case 1:04-cv-01235-WYD

Document 22

Filed 05/25/2007

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Respectfully submitted, /s Paul Grant Paul Grant Counsel for Mr. Cappelli 6053 S. Quebec Street, # 101 Centennial CO 80111 303-771-1908 CERTIFICATE OF SERVICE I hereby certify that on May 25, 2007, a true and correct copy of the foregoing Motion To Proceed On Appeal In Forma Pauperis was served upon the following persons as indicated below: Laurie A. Booras First Assistant Attorney General 1525 Sherman Street, 5th Floor Denver CO 80203 ( ) by First-Class U.S. Mail, postage prepaid ( ) by Hand Delivery ( ) by Overnight Mail ( x ) Electronic filing (ECF) s/Paul Grant