Opinion
Case No. 10-14073
10-04-2011
ALI HUSSEIN DARWICH, Plaintiff, v. CITY OF DEARBORN (DEARBORN POLICE DEPARTMENT) et al., Defendants.
OPINION AND ORDER GRANTING PLAINTIFF'S
APPLICATION FOR LEAVE TO APPEAL IN FORMA PAUPERIS
Before the court is Plaintiff Ali Hussein Darwich's application for leave to appeal in forma pauperis. 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). "Good faith" requires a showing that the issues raised are not frivolous. Foster v. Ludwick, 208 F. Supp. 2d 750, 765 (E.D. Mich. 2002). The issues raised in Plaintiff's appeal are not frivolous, and the court therefore will not certify that the appeal is not taken in good faith. Accordingly,
IT IS ORDERED that Plaintiff's application for leave to appeal in forma pauperis [Dkt. # 38] is GRANTED.
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, October 4, 2011, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522