Opinion
Case No. 09-14485
05-15-2013
RODNEY GOSS, Petitioner, v. SHERRY BURT, Respondent.
ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY AND
GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL
Adopting an unchallenged report and recommendation, the district court both dismissed Petitioner's habeas corpus petition and denied a certificate of appealability. Nevertheless Petitioner submits a "Motion for Certificate of Appealability," construed by the court as a motion for reconsideration. The magistrate judge both recommended that the district court deny a certificate of appealability and directed that Petitioner either raise promptly or waive each objection to the report and recommendation. See Thomas v. Arn, 474 U.S. 140 (1985). Having raised no objection, Petitioner may not seek reconsideration. In any event, in his motion Petitioner merely summarizes his points of contention; he offers no analysis and in consequence no basis for further review.
Petitioner also applies to proceed in forma pauperis on appeal. Because he appears to present in good faith an appeal that is less than frivolous, he may so proceed. See Foster v. Ludwick, 208 F.Supp.2d 750, 764-65 (E.D. Mich. 2002). (He has, by not objecting to the report, created a formidable but not unconquerable barrier to success on appeal. See Keeling v. Warden, Lebanon Correctional Inst., 673 F.3d 452, 458 (6th Cir. 2012).) Accordingly,
IT IS ORDERED that the motion for a certificate of appealability [Dkt. # 24] is DENIED and that the motion to proceed in forma pauperis on appeal [Dkt. # 27] is GRANTED.
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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, May 15, 2013, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522