Opinion
CASE NO. 2:08-CV-13743.
June 10, 2011
ORDER GRANTING PETITIONER'S APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL
Michigan prisoner Robert Basat ("Petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state court convictions. This Court denied relief on his claims and declined to issue a certificate of appealability. This matter is before the Court on Petitioner's application to proceed in forma pauperis on appeal.
The standard for granting leave to proceed in forma pauperis is a lower standard than the standard for granting a certificates of appealability. See Foster v. Ludwick, 208 F. Supp. 2d 750, 764 (E.D. Mich. 2002). Whereas a certificate of appealability may only be granted if the petitioner makes a substantial showing of the denial of a constitutional right, a court may grant leave to proceed in forma pauperis if it finds that an appeal is being taken in good faith. 28 U.S.C. § 1915(a)(3); Fed.R.App.P. 24(a); Foster, 208 F. Supp. 2d at 764-65. "Good faith" requires a showing that the issues raised are not frivolous; it does not require a showing of probable success on the merits. Foster, 208 F. Supp. 2d at 765. Although the Court declined to issue a certificate of appealability, the Court cannot conclude that Petitioner's claims are frivolous. Accordingly, the Court GRANTS Petitioner's application to proceed in forma pauperis on appeal.
IT IS ORDERED.