Opinion
Case No. 1:04-CV-722.
March 24, 2008
ORDER
This matter is before the Court on Petitioner Kevin Robinson's Motion for Leave to Appeal in Forma Pauperis and his Motion for Certificate of Appealability. The Motion for Leave to Appeal is supported by his recent Affidavit as well as his original Certificate of Prisoner Institutional/Trust Fund Account Activity, which show that Petitioner is indigent. ( See Dkt. Nos. 2-2, 31 32; see also Fed.R.App.P. 24(a)(3).) Federal law allows indigent habeas petitioners to proceed in forma pauperis on appeal under 28 U.S.C. § 1915(a)(1). See Kincade v. Sparkman, 117 F.3d 949, 951-52 (6th Cir. 1997); United States v. Simmonds, 111 F.3d 737, 741-43 (10th Cir. 1997).
Regarding the Motion for Certificate of Appealability, this Court determined at the time of the entry of the Final Order that a certificate should be denied. ( See Dkt. No. 29.) Petitioner's present Motion is, thus, regarded as a motion for reconsideration of that decision. Pursuant to Western District of Michigan Local Civil Rule 7.4(a), reconsideration is appropriate only when the movant "demonstrate[s] a palpable defect by which the Court and the parties have been mislead . . . [and] that a different disposition must result from the correction thereof." Petitioner's Motion fails to demonstrate either. THEREFORE, IT IS HEREBY ORDERED that Petitioner Kevin Robinson's Motion for Leave to Appeal in Forma Pauperis (Dkt. No. 32) is GRANTED. IT IS FURTHER ORDERED that Petitioner's Motion for Certificate of Appealability (Dkt. No. 34) is DENIED.