Opinion
Civil Action No. 2:12-12371
09-04-2012
CURTIS FULLER, et. al., Plaintiffs, v. DANIEL H. HEYNS, et. al.; Defendants
HONORABLE VICTORIA A. ROBERTS
UNITED STATES DISTRICT COURT
OPINION AND ORDER GRANTING PLAINTIFF LEAVE TO PROCEED
WITHOUT PREPAYMENT OF FEES ON APPEAL
The Plaintiffs filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. On June 22, 2012, this Court summarily dismissed the complaint without prejudice to the Plaintiffs each filing their own individual complaints. See Fuller v. Heyns, No. 2:12-CV-12371, 2012 WL 2374222 (E.D. Mich. June 22, 2012). Lead Plaintiff Curtis Fuller, a/k/a Raleem X has now filed a Notice of Appeal.
Although the lead plaintiff lists his name as Raleem-X on the complaint, the Michigan Department of Corrections' Offender Tracking Information System (OTIS), which this Court is permitted to take judicial notice of, See Ward v. Wolfenbarger, 323 F. Supp. 2d 818, 821, n. 3 (E.D. Mich. 2004), indicates that Plaintiff Fuller is incarcerated under the name of Curtis Fuller and the Clerk of this Court captioned the case with this name.
28 U.S.C. § 1915(a)(3) indicates that an appeal may not be taken in forma pauperis if the trial court certifies in writing that is not taken in good faith. See also McGore v. Wrigglesworth, 114 F. 3d 601, 610 (6th Cir. 1997).
In determining whether an appeal under the in forma pauperis statute is taken in good faith, the good faith standard is an objective one. Nabkey v. Gibson, 923 F. Supp. 117, 122 (W.D. Mich. 1990)(quoting Coppedge v. United States, 369 U.S. 438, 445 (1962)). The U.S. Supreme Court has interpreted good faith as stated in 28 U.S.C. § 1915 as simply meaning that the issue being appealed is "not frivolous." Davis v. Michigan Department of Corrections, 746 F. Supp. 662, 667 (E.D. Mich. 1990)(quoting Coppedge v. United States, 369 U.S. at 445).
Plaintiff Fuller's appeal has been undertaken in good faith, in that the issues being appealed are not frivolous.
Accordingly, the Court will GRANT Plaintiff Fuller leave to appeal without prepayment of fees.
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Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record and Curtis Fuller by electronic means or U.S. Mail on September 4, 2012.
Linda Vertriest
Deputy Clerk