Opinion
18-CR-0300 (1) (SRN)
03-26-2024
United States of America, Plaintiff, v. Tevin Jay Maurstad, Defendant.
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS
SUSAN RICHARD NELSON, UNITED STATES DISTRICT JUDGE
Defendant Tevin Jay Maurstad has applied for in forma pauperis (“IFP”) status on appeal from the denial of his motion for relief under 28 U.S.C. § 2255. See Doc. No. 208. Maurstad was determined to be financially unable to obtain an adequate defense at the outset of this matter, see Doc. No. 20, and he therefore qualifies for IFP status on appeal without further authorization, see Fed. R. App. P. 24(a)(3). Nevertheless, to make clear that Maurstad may proceed IFP on appeal, the IFP application will be granted.
Although the Court declined to issue a certificate of appealability, Maurstad's appeal is not frivolous as the Supreme Court has defined that term. See Moore v. Haas, Civil No. 2:13-CV-12225, 2013 WL 5819593, at *6 (E.D. Mich. Oct. 29, 2013) (“The standard for granting an application for leave to proceed in forma pauperis . . . is a lower standard than the standard for certificates of appealability.”); accord United States v. Youngblood, 116 F.3d 1113, 1115 (5th Cir. 1997).
CONCLUSION
Based on the submissions and the entire file and proceedings herein, IT IS HEREBY ORDERED that the application to proceed in forma pauperis of defendant Tevin Jay Maurstad [Doc. No. 208] is GRANTED.