Darwich v. Dearborn Police Department et al

Filing 39

ORDER GRANTING 38 Application to Proceed In Forma Pauperis on Appeal filed by Ali Darwich Signed by District Judge Robert H. Cleland. (LWag)

Download PDF
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ALI HUSSEIN DARWICH, Plaintiff, v. Case No. 10-14073 CITY OF DEARBORN (DEARBORN POLICE DEPARTMENT) et al., Defendants. / OPINION AND ORDER GRANTING PLAINTIFF’S APPLICATION FOR LEAVE TO APPEAL IN FORMA PAUPERIS Before the court is Plaintiff Ali Hussein Darwich’s application for leave to appeal in forma pauperis. 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). “Good faith” requires a showing that the issues raised are not frivolous. Foster v. Ludwick, 208 F. Supp. 2d 750, 765 (E.D. Mich. 2002). The issues raised in Plaintiff’s appeal are not frivolous, and the court therefore will not certify that the appeal is not taken in good faith. Accordingly, IT IS ORDERED that Plaintiff’s application for leave to appeal in forma pauperis [Dkt. # 38] is GRANTED. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: October 4, 2011 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, October 4, 2011, by electronic and/or ordinary mail. s/Lisa Wagner Case Manager and Deputy Clerk (313) 234-5522 S:\Cleland\JUDGE'S DESK\C3 ORDERS\10-14073.DARWICH.ifp.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?