Gustafson v. Bolin

Background

The order addresses three motions filed by petitioner Joseph Duane Gustafson, Jr. in connection with an appeal from the earlier denial of his petition for a writ of habeas corpus, a procedure used to challenge certain unlawful custody. The opinion does not reconsider the earlier denial of that petition.

Rulings

Certificate of appealability

Gustafson asked for a certificate of appealability, or COA. A COA is required to appeal the denial of certain habeas petitions. The court had previously found that no issue in Gustafson’s petition was debatable among reasonable jurists. It found that his new motion did not change that conclusion and denied the motion for a COA. The court stated that this denial did not prevent Gustafson from seeking a COA from the United States Court of Appeals for the Eighth Circuit.

Permission to appeal without paying fees

Gustafson also applied to proceed in forma pauperis, meaning to pursue the appeal without paying the usual court fees. The court found that he qualified financially and that, although his appeal was doubtful, it was not frivolous under the applicable standard. The court therefore granted his application to proceed in forma pauperis on appeal.

Appointment of counsel

Gustafson requested appointment of counsel for the appeal. Because proceedings had concluded in the district court, the court stated that the request was better directed to the Eighth Circuit, which could appoint counsel if it determined that doing so served the interests of justice. The district court denied without prejudice the motion for appointment of counsel.

Disposition

The court denied the motion for a certificate of appealability, denied without prejudice the motion for appointment of counsel, and granted the application to proceed in forma pauperis on appeal. Judge Susan Richard Nelson signed the order.