Opinion
9:21-CV-0573 (GLS/DJS)
04-29-2022
KENNETH J. PHELAN, Petitioner, v. S. ECKERT, Respondent.
KENNETH J. PHELAN Petitioner pro se
KENNETH J. PHELAN Petitioner pro se
DECISION AND ORDER
GARY L. SHARPE, UNITED STATES SENIOR DISTRICT JUDGE
Petitioner Kenneth J. Phelan has filed an application to proceed in forma pauperis (IFP) on appeal with the Second Circuit Court of Appeals, which has been transferred to this court for consideration. Dkt. No. 14, Attach. 1, IFP Application.
Phelan paid the statutory filing fee to properly commence this habeas corpus action. See Dkt. Entry of June 9, 2021.
Under Rule 24 of the Federal Rules of Appellate Procedure,
a party to a district-court action who desires to appeal [IFP] must file a motion in the district court[ and] must attach an affidavit that:
(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party's inability to pay or to give security for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on appeal.Fed. R. App. P. 24(a)(1). Based upon petitioner's motion papers, which include an affidavit, he has satisfied the conditions of Rule 24(a)(1) and is eligible to proceed on appeal IFP.
Accordingly, it is hereby
ORDERED that petitioner's application to appeal IFP, Dkt. No. 14, Attach, 1, is GRANTED; and it is further
ORDERED that the Clerk serve a copy of this Decision and Order upon the parties in accordance with the Local Rules of Practice.