Opinion
CASE NO. 04-CV-71279-DT
02-14-2012
CEDRIC IVORY, Petitioner, v. ANDREW JACKSON, Respondent.
HONORABLE VICTORIA A. ROBERTS
ORDER DENYING PETITIONER'S MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS ON APPEAL
This matter is before the Court on Petitioner's motion for leave to proceed in forma pauperis on appeal regarding the Court's denial of his motion for relief from judgment brought pursuant to
Federal Rule of Civil Procedure 60(b) (and denial of reconsideration regarding that motion) arising from the Court's denial of his habeas petition in 2005. A court may grant leave to proceed in forma pauperis if it finds that an appeal is being taken in good faith. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a); Foster v. Ludwick, 208 F. Supp. 2d 750, 764-65 (E.D. Mich. 2002). "Good faith" requires a showing that the issues are not frivolous; it does not require a showing of probable success on the merits. Foster, 208 F. Supp. 2d at 765. Having considered the matter, the Court finds that any appeal regarding the denial of Petitioner's post-judgment motions would be frivolous and cannot be taken in good faith. Accordingly, the Court DENIES Petitioner's motion. This case is CLOSED. No further pleadings should be filed in this matter.
IT IS SO ORDERED.
______________________
Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record and Cederick Ivory by electronic means or U.S. Mail on February 14, 2012.
Linda Vertriest
Deputy Clerk