Opinion
Case No. 06-CR-20672
09-30-2011
DERON MCGRAW, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
Hon.
ORDER DENYING PLAINTIFF'S MOTION
TO PROCEED IN FORMA PAUPERIS ON APPEAL
Before the court is Plaintiff's motion to proceed in forma pauperis on appeal, filed July 18, 2011. The court denied Plaintiff's motion to vacate sentence and declined to issue a certificate of appealability on May 17, 2011.
A court may grant in forma pauperis status if the court finds that an appeal is being taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24 (a); Foster v. Ludwick, 208 F. Supp. 2d 750, 765 (E.D. Mich. 2002). Good faith requires a showing that the issues raised are not frivolous. Id. In the present case, the court will DENY Plaintiff leave to appeal in forma pauperis, because the appeal would be frivolous for the reasons stated in the court's order dated May 17, 2011. See Allen v. Stovall, 156 F. Supp. 2d 791, 798 (E.D. Mich. 2001).
SO ORDERED.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, September 30, 2011, using the ECF system and/or ordinary mail.
William Barkholz
Case Manager