Opinion
Civil No. 2:12-CV-12613
11-13-2013
TROY HALSTEAD, Petitioner, v. DUNCAN MaCLAREN, Respondent,
HONORABLE ARTHUR J. TARNOW
UNITED STATES DISTRICT JUDGE
ORDER GRANTING THE MOTION FOR PAUPER STATUS
On August 30, 2013, the Court denied the petition for writ of habeas corpus that had been filed by petitioner pursuant to 28 U.S.C. § 2254. The Court also denied petitioner a certificate of appealability. See Halstead v. MaClaren, No. 2:12-CV-12613, 2013 WL 4669969 (E.D. Mich. August 30, 2013). On September 29, 2013, petitioner filed a notice of appeal with the United States Court of Appeals for the Sixth Circuit. Petitioner has now filed a motion to proceed in forma pauperis on appeal. For the reasons that follow, the motion for pauperis status is GRANTED.
Although the Court has denied a certificate of appealability to petitioner, the standard for granting an application for leave to proceed in forma pauperis (IFP) is a lower standard than the standard for certificates of appealability. See Foster v. Ludwick, 208 F. Supp. 2d 750, 764 (E.D. Mich. 2002)(citing United States v. Youngblood, 116 F. 3d 1113, 1115 (5th Cir. 1997)). Whereas a certificate of appealability may only be granted if petitioner makes a substantial showing of the denial of a constitutional right, a court may grant IFP status if it finds that an appeal is being taken in good faith. Id. at 764-65; 28 U.S.C. § 1915(a)(3); Fed. R.App.24 (a). "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. The issues raised by petitioner are not frivolous, therefore, an appeal could be taken in good faith and petitioner may proceed in forma pauperis on appeal. Id.
ORDER
Based upon the foregoing, IT IS HEREBY ORDERED that the "Motion For Pauper Status" [Dkt. # 28] is GRANTED.
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Arthur J. Tarnow
Senior United States District Judge
I hereby certify that a copy of the foregoing document was served upon parties/counsel of record on November 13, 2013, by electronic and/or ordinary mail.
Catherine A. Pickles
Judicial Assistant