Thomas v. Zatecky

Dist. Ct. denied defendant’s habeas petition and declined to issue certificate of appealability after certifying under 28 USC section 1915(a)(3) that defendant’s appeal had been taken in bad faith. Ct. of Appeals rejected defendant’s claims that prisoners need not ever pay filing or docketing fees in appeals from collateral proceedings, and that Dist. Ct.‘s certificate was irrelevant. It also directed defendant to file within 21 days any motion seeking leave to proceed in forma pauperis that demonstrated inability to pay applicable $455 appellate fees and contained substantial showing in underlying appeal that he was denied constitutional right.