Opinion
CASE NO. 2:14-CV-812
10-01-2015
KENNETH MARSHALL, Petitioner, v. WARDEN, PICKAWAY CORRECTIONAL INSTITUTION, Respondent.
Magistrate Judge Elizabeth P. Deavers
ORDER
On July 31, 2015, the Court denied Petitioner's request for a certificate of appealability. (ECF No. 42.) This matter is before the Court on Petitioner's request to proceed in forma pauperis on appeal. (ECF No. 49.)
Pursuant to 28 U.S.C. § 1915(a) (3), an appeal may not be taken in forma pauperis if the appeal is not taken in good faith. Federal Rule of Appellate Procedure 24(a)(3)(A) provides:
A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization, unless:
Id. "The good faith standard is an objective one." Ervin v. Hammond, No. 13-2136-STA-dkv, 2013 WL 1103774, at *3 (W.D. Tenn. Mar. 15, 2013) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962)). In order to meet the good faith standard, the appeal cannot be frivolous. Hence v. Smith, 49 F. Supp. 2d 547, 549 (E.D. Mich. 1999) (citing Coppedge, at 445-46). Additionally, as another judicial officer has recognized,(A) the district court—before or after the notice of appeal is filed—certifies that the appeal is not taken in good faith[.]
"[t]the standard governing the issuance of a certificate of appealability is more demanding than the standard for determining whether an appeal is in good faith." U.S. v. Cahill-Masching, 2002 WL 15701, * 3 (N.D.Ill. Jan.4, 2002). "[T]o determine that an appeal is in good faith, a court need only find that a reasonable person could suppose that the appeal has some merit." Walker v. O'Brien, 216 F.3d 626, 631 (7th Cir. 2000).Penny v. Booker, No. 05-70147, 2006 WL 2008523, at *1 (E.D. Mich. July 17, 2006).
In light of the applicable standard, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that the appeal is not in good faith. This Court therefore DENIES Petitioner's request for leave to appeal in forma pauperis. (ECF No. 49.)
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE