Opinion
Case No. 02-80713.
July 29, 2009
ORDER GRANTING DEFENDANT'S MOTION TO APPEAL IN FORMA PAUPERIS
Pending before the court is Defendant Paul Summers Chapman's "Motion and Affidavit for Permission to Appeal In Forma Pauperis." Pursuant to 28 U.S.C. § 1915, the court "may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees." 28 U.S.C. § 1915(a)(1). But to avoid prepaying fees, a prisoner must "submit[] an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant's belief that the person is entitled to redress." Id. Although the court may grant an application to proceed without prepayment of fees, a prisoner must eventually pay the full filing fee for the appeal within a time period calculated by the prisoner's financial ability to pay. 28 U.S.C. § 1915(b)(1).
Here, Defendant has filed a proper affidavit attesting to his inability to pay the filing fee, detailing the nature of his appeal through his attached appellate brief, and declaring his belief that he is entitled to redress. Defendant has also included an "Inmate Statement" that lists a "6 Months Avg Daily Balance" of $32.12. Defendant has provided sufficient documentation for the court to grant his application to proceed without prepayment of the filing fee for this appeal. 28 U.S.C. § 1915(a)(1).
For the reasons stated above, IT IS ORDERED that Defendant's "Motion and Affidavit for Permission to Appeal In Forma Pauperis" [Dkt. # 80] is GRANTED.