Opinion
Civil No. 03-2444 (JRT/JSM).
December 13, 2004
ORDER
Plaintiff Anitaan Kashimawo-Spikes brought an action against her former employer, defendant U.S. Bancorp, alleging race and disability discrimination. The Court granted defendant's motion for summary judgment and dismissed plaintiff's complaint with prejudice. See Kashimawo-Spikes v. U.S. Bancorp, Civ. No. 03-2444, slip op. (D. Minn. Aug. 4, 2004). Plaintiff has appealed this Order to the Eighth Circuit Court of Appeals and now requests permission to proceed in forma pauperis on appeal.
A litigant who seeks to be excused from paying the filing fee for an appeal in a federal case may apply for IFP status under 28 U.S.C. § 1915. To qualify for IFP status, the litigant must demonstrate that he or she cannot afford to pay the full filing fee. Even if a litigant is found to be indigent, however, IFP status will be denied if the Court finds that the litigant's appeal is not taken in good faith. Id. Good faith in this context is judged by an objective standard and not by the subjective beliefs of the appellant. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). To determine whether an appeal is taken in good faith, the Court must decide whether the claims to be decided on appeal are factually or legally frivolous. Id. An appeal is frivolous, and therefore cannot be taken in good faith, "where it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989).
The Court has reviewed the financial affidavit supplied by the plaintiff. The plaintiff has no assets including cash, savings accounts, or valuable property of any kind, and has a limited income. The Court is satisfied that the plaintiff is financially eligible for IFP status.
Although the Court remains fully satisfied that plaintiff's complaint was properly dismissed, the Court is not prepared to rule that plaintiff's appeal in this matter is legally "frivolous," as that term has been defined by the Supreme Court. Therefore, the Court concludes that plaintiff's appeal is taken in "good faith" and that the application for IFP status on appeal should be granted.
Based on the foregoing, all the records, files, and proceedings herein, IT IS HEREBY ORDERED that plaintiff's application for leave to proceed in forma pauperis on appeal [Docket No. 22] is GRANTED.