Opinion
CASE NO. 05-CV-60131.
February 28, 2007
ORDER GRANTING PETITIONER'S APPLICATION TO PROCEED ON APPEAL IN FORMA PAUPERIS
This matter is before the Court on Petitioner's application to proceed on appeal without prepayment of fees and costs with regard to the Court's denial of his habeas corpus petition. A court may grant leave to proceed in forma pauperis 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 Court has already issued a certificate of appealability as to Petitioner's habeas claims. Consequently, the Court finds that those claims are not frivolous and an appeal may be taken in good faith. The financial data submitted by Petitioner also demonstrates his inability to pay the appellate filing fee. Accordingly, the Court GRANTS Petitioner's application to proceed on appeal in forma pauperis.
IT IS SO ORDERED.