Opinion
Case No: 07-12313.
April 16, 2009
ORDER
This matter is before the Court on Petitioner's motion for a certificate of appealability [dkt 18], Petitioner's application to proceed in forma pauperis on appeal [dkt 19].
In its January 7, 2009, order, the Court denied Petitioner's petition for writ of habeas corpus and further declined to issue Petitioner a certificate of appealability, finding that reasonable minds would not debate the Court's conclusion. As the Court has already declined to issue a certificate of appealability, the Court DENIES Petitioner's motion.
Having reviewed Petitioner's application, however, the Court finds that Petitioner's appeal is not frivolous and is taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed.R.App.P. 24(a)(3)(A). Accordingly, IT IS HEREBY ORDERED that Petitioner's application to proceed in forma pauperis on appeal is GRANTED.
IT IS SO ORDERED.