Opinion
Case No. 08-11354.
August 6, 2009
ORDER GRANTING PETITIONER'S APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL
Pending before the court is petitioner Kevin M. Gibbons' application to proceed in forma pauperis on appeal. The court dismissed Petitioner's habeas corpus petition for failure to comply with the statute of limitations. [Dkt. #20]. Although the court declined to issue Petitioner a motion for a certificate of appealability [Dkt. #25], the standard for issuing a certificate of appealability has a higher threshold than the in forma pauperis standard, which requires only that the appeal be taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed.R.App.P. 24(a)(4)(B). Whether the court should have delayed or tolled the running of the statute of limitations is not a frivolous issue. Therefore, the court finds that Petitioner's appeal is taken in good faith. Accordingly,
IT IS ORDERED that Petitioner's application to proceed in forma pauperis on appeal [Dkt. #27] is GRANTED.