Opinion
No. 08 C 660.
May 5, 2008
MEMORANDUM ORDER
This memorandum order is issued to correct errors in this Court's April 10, 2008 memorandum order that responded to our Court of Appeals' transfer to this District Court of the motion by Daniel Coleman ("Coleman") to proceed on appeal in forma pauperis. Quite apart from that order's mistaken application ofMartin v. United States, 96 F.3d 853, 856 (7th Cir. 1996) to require Coleman to pay appellate filing fees in conjunction with his appeal from the dismissal of his 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus, this Court's determination that the Petition was frivolous in the legal sense called for a certification that the appeal has been taken in bad faith. UnderMoran v. Sondalle, 218 F.3d 647, 651-52 (7th Cir. 2000) (per curiam) that would call for a revocation of any previously-granted in forma pauperis status (accord, Tolefree v. Cudahy, 49 F.3d 1243, 1244 (7th Cir. 1995)).
In this instance Coleman had not been granted in forma pauperis status in this District Court, because he had paid the modest $5 filing fee at this level. But the teaching of Moran would appear to be that this Court should not approve the granting of such status on appeal, and it so holds. This recognizes, of course, that the ultimate determination in this respect is for the Court of Appeals to make.