Dionne v. Sampson et al

Filing 10

OPINION and ORDER Granting 9 Application/Motion to Proceed Without Prepayment of Fees on Appeal. Signed by District Judge Victoria A. Roberts. (NHol)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL DIONNE,
Plaintiff,

Civil Action No. 2:11-CV-10602
HONORABLE VICTORIA A. ROBERTS
UNITED STATES DISTRICT COURT

v.
BARBARA SAMPSON, et. al.,
Defendants,
_____________________________/

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED
WITHOUT PREPAYMENT OF FEES ON APPEAL
Plaintiff filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. On
February 23, 2011, this Court summarily dismissed the complaint pursuant to 28 U.S.C. §
1915A(e)(2) and 28 U.S.C. § 1915(A), on the ground that Plaintiff had failed to state a
claim upon which relief could be granted. See Dionne v. Sampson, No. 2011 WL 721849
(E.D. Mich. February 23, 2011). On March 23, 2011, this Court denied Plaintiff’s motion
to alter or to amend the judgment. On April 8, 2011, Plaintiff filed a notice of appeal
regarding the Court’s denial of his motion to alter or amend judgment. Plaintiff has also
filed a motion to proceed on appeal without prepayment of fees.
28 U.S.C. § 1915(a)(3) indicates that an appeal may not be taken in forma
pauperis if the trial court certifies in writing that is not taken in good faith. See also
McGore v. Wrigglesworth, 114 F. 3d 601, 610 (6th Cir. 1997).
In determining whether an appeal under the in forma pauperis statute is taken in

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good faith, the good faith standard is an objective one. Nabkey v. Gibson, 923 F. Supp.
117, 122 (W.D. Mich. 1990)(quoting Coppedge v. United States, 369 U.S. 438, 445
(1962)). The U.S. Supreme Court has interpreted good faith as stated in 28 U.S.C. § 1915
as simply meaning that the issue being appealed is “not frivolous.” Davis v. Michigan
Department of Corrections, 746 F. Supp. 662, 667 (E.D. Mich. 1990)(quoting Coppedge
v. United States, 369 U.S. at 445).
Plaintiff’s appeal has been undertaken in good faith, in that the issue being
appealed is not frivolous. Accordingly, the Court will grant Plaintiff’s motion to proceed
without prepayment of fees.
Accordingly, the motion to proceed without prepayment of fees [Dkt. # 9] is
GRANTED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: April 18, 2011
The undersigned certifies that a copy of this
document was served on the attorneys of record
and Michael Dionne by electronic means or U.S.
Mail on April 18, 2011.
s/Carol A. Pinegar
Deputy Clerk

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