Gibbons v. Wolfenbarger

Filing 28

ORDER GRANTING 27 Application to Proceed Without Prepayment of Fees filed by Kevin M Gibbons Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION _____________________________________________________________________ KEVIN M. GIBBONS, Petitioner, v. HUGH WOLFENBARGER, Respondent. ______________________________/ ORDER GRANTING PETITIONER'S APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL Pending before the court is petitioner Kevin M. Gibbons' application to proceed in forma pauperis on appeal. The court dismissed Petitioner's habeas corpus petition for failure to comply with the statute of limitations. [Dkt. #20]. Although the court declined to issue Petitioner a motion for a certificate of appealability [Dkt. #25], the standard for issuing a certificate of appealability has a higher threshold than the in forma pauperis standard, which requires only that the appeal be taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(4)(B). Whether the court should have delayed or tolled the running of the statute of limitations is not a frivolous issue. Therefore, the court finds that Petitioner's appeal is taken in good faith. Accordingly, IT IS ORDERED that Petitioner's application to proceed in forma pauperis on appeal [Dkt. #27] is GRANTED. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: August 6, 2009 Case No. 08-11354

I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, August 6, 2009, by electronic and/or ordinary mail. s/Lisa G. Wagner Case Manager and Deputy Clerk [phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\08-11354.GIBBONS.Grant.IFP.bh.eew.wpd

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