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Meshell v. Vasbinder

United States District Court, E.D. Michigan, Southern Division
Nov 7, 2008
Case Number: 2:06-cv-15296 (E.D. Mich. Nov. 7, 2008)

Opinion

Case Number: 2:06-cv-15296.

November 7, 2008


ORDER GRANTING PETITIONER'S "MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL"


Petitioner Ronald Meshell filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court denied the petition on August 29, 2008, and also declined to issue a certificate of appealability. Now before the court is Petitioner's "Motion to Proceed In Forma Pauperis on Appeal".

Federal Rule of Appellate Procedure 24(a)(1) provides that a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court. An appeal may not be taken in forma pauperis if the court determines that it is not taken in good faith. 28 U.S.C. § 1915(a)(3). "[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). While the court has held that reasonable jurists would not find the court's decision that the petition was meritless to be debatable or wrong, the court finds that an appeal may be taken in good faith.

Accordingly, IT IS ORDERED that Petitioner's "Motion to Proceed In Forma Pauperis on Appeal" [Dkt. # 16] is GRANTED.


Summaries of

Meshell v. Vasbinder

United States District Court, E.D. Michigan, Southern Division
Nov 7, 2008
Case Number: 2:06-cv-15296 (E.D. Mich. Nov. 7, 2008)
Case details for

Meshell v. Vasbinder

Case Details

Full title:RONALD MESHELL, Petitioner, v. DOUGLAS VASBINDER, Respondent

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Nov 7, 2008

Citations

Case Number: 2:06-cv-15296 (E.D. Mich. Nov. 7, 2008)