Kuehnemund v. U.S.

Full title: ALLAN A. KUEHNEMUND, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Dec 1, 2008

Civil Case No: 07-15174, Criminal Case No: 04-20025 (E.D. Mich. Dec. 1, 2008)

Opinion

Civil Case No: 07-15174, Criminal Case No: 04-20025.

December 1, 2008

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL

DAVID LAWSON, District Judge

Before the Court is the petitioner's application to proceed in forma pauper is on appeal. The docket shows that the petitioner was determined to be financially unable to obtain counsel in his appeal from his conviction, such that counsel was appointed for him. Thus, the petitioner is authorized to appeal in forma pauper is under Federal Rule of Appellate Procedure 24(a)(3) without further authorization unless the Court certifies that the appeal is not taken in good faith. "Good faith" requires a showing that the issues are arguable on the merits and are, therefore, not frivolous; it does not require a showing of probable success. Harkins v. Roberts, 935 F. Supp. 871, 873 (S.D. Miss. 1996) (quoting Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983)). "If the district court can discern the existence of any nonfrivolous issue on appeal, the movant's petition to appeal in forma pauperis must be granted." Harkins, 935 F. Supp. at 873. The issues in this case are not frivolous. Therefore the appeal is taken in good faith.

Accordingly, it is ORDERED that the application to proceed in forma pauperis on appeal is GRANTED.

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on December 1, 2008