Austin v. Sherry

Filing 13

ORDER Authorizing Petitioner to Proceed In Forma Pauperis on Appeal. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHERMAN AUSTIN,
Petitioner,

Case No. 08-11364
Honorable David M. Lawson

v.
CAROL R. HOWES,
Respondent.
_______________________________________/
ORDER AUTHORIZING PETITIONER TO PROCEED IN FORMA
PAUPERIS ON APPEAL
On March 31, 2008, Sherman Austin filed a petition for writ of habeas corpus and paid the
$5 filing fee. On September 1, 2011, the Court denied his petition. On September 30, 2011, the
petitioner filed a notice of appeal. Although the petitioner paid the initial filing fee, the Court will
authorize the plaintiff to proceed in forma pauperis on appeal from the Court’s entry of judgment
on the petitioner-appellant’s petition for a writ of habeas corpus under 28 U.S.C. § 2254.
The docket indicates that the petitioner paid the $5 filing fee when he filed his petition in this
Court. See 28 U.S.C. § 1914. Therefore, the petitioner is not automatically authorized to appeal in
forma pauperis under Federal Rule of Appellate Procedure 24(a)(3) and must show that he qualifies
for such status. Because the “good faith” requirement of 28 U.S.C. § 1915(a)(3) does not apply to
habeas petitions, Kincade v. Sparkman, 117 F.3d 949, 951-52 (6th Cir. 1997), this Court may
authorize the prosecution of any appeal without the prepayment of fees by a prisoner who shows that
he is unable to pay such fees. 28 U.S.C. § 1915(a)(1); Fed. R. App. P. 24(a)(1). The Court finds
that the defendant qualifies for in forma pauperis status. Therefore, the petitioner’s request will be
granted.

Accordingly, it is ORDERED that the petitioner-appellant is AUTHORIZED to proceed
in forma pauperis on appeal.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: October 6, 2011

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on October 6, 2011.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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