Adams v. Palmer

Filing 18

ORDER Granting 16 Application to Proceed In Forma Pauperis filed by John Adams Signed by District Judge Marianne O Battani. (BThe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
JOHN ADAMS, Petitioner, v. CARMEN PALMER, Respondent. / ORDER GRANTING PETITIONER'S MOTION TO WAIVE FEES ON APPEAL The Court denied Petitioner's application for a writ of habeas corpus on March 18, 2010. The Court also declined to issue a certificate of appealability. Now before the Court is Petitioner's Motion to Waive Fees on Appeal. Federal Rule of Appellate Procedure 24(a)(1) provides that a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court. An appeal may not be taken in forma pauperis if the court determines that it is not taken in good faith. 28 U.S.C. § 1915(a)(3). "[T]he standard governing the issuance of a certificate of appealability is more demanding than the standard for determining whether an appeal is in good faith." U.S. v. Cahill-Masching, 2002 WL 15701, * 3 (N.D. Ill. Jan. 4, 2002). "[T]o determine that an appeal is in good faith, a court need only find that a reasonable person could suppose that the appeal has some merit." Walker v. O'Brien, 216 F.3d 626, 631 (7th Cir. 2000). While the Court held that jurists of reason would not find the Court's assessment of the claims presented in Petitioner's habeas corpus petition to be debatable or wrong, the Court finds that an appeal may be taken in good faith. The Court, therefore, shall grant Petitioner leave to proceed in forma Case Number: 2:07-CV-14439 HON. MARIANNE O. BATTANI

pauperis on Appeal. Accordingly, IT IS ORDERED that Petitioner's "Motion to Waive Fees on Appeal" [dkt. # 16] is GRANTED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE Dated: August 17, 2010 CERTIFICATE OF SERVICE I hereby certify that on the above date a copy of this Order was served upon all parties of record via ordinary U.S. Mail and/or electronically. s/Bernadette M. Thebolt Case Manager

2