Opinion
Civil No. 2:15-CV-13807
03-23-2016
ORDER GRANTING PETITIONER'S MOTION FOR PAUPER STATUS
On November 4, 2015, the Court summarily denied Petitioner's application for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 and denied Petitioner a certificate of appealability. Petitioner has now filed a motion to proceed in forma pauperis on appeal. For the reasons stated below, the motion for pauper status is granted.
Although the Court has denied a certificate of appealability to Petitioner, the standard for granting an application for leave to proceed in forma pauperis (IFP) is a lower standard than the standard for certificates of appealability. See Foster v. Ludwick, 208 F. Supp. 2d 750, 764 (E.D. Mich. 2002)(citing United States v. Youngblood, 116 F. 3d 1113, 1115 (5th Cir. 1997)). Whereas a certificate of appealability may only be granted if petitioner makes a substantial showing of the denial of a constitutional right , a court may grant IFP status if it finds that an appeal is being taken in good faith. Id. at 764-65; 28 U.S.C. § 1915(a)(3); Fed. R.App.24 (a). "Good faith" requires a showing that the issues raised are not frivolous; it does not require a showing of probable success on the merits. Foster, 208 F. Supp. 2d at 765. Although jurists of reason would not debate the court's resolution of Petitioner's claims, the issues are not frivolous; therefore, an appeal could be taken in good faith and petitioner may proceed in forma pauperis on appeal. Id.
ORDER
Based upon the foregoing, IT IS HEREBY ORDERED that the "APPLICATION to Proceed without prepaying fees or costs on Appeal" [Dkt. # 6] is GRANTED. Dated: March 23, 2016
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 23, 2016, by electronic and/or ordinary mail.