Cook v. Scutt

Filing 37

ORDER granting Petitioner's 32 motion to proceed in forma pauperis on appeal. Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ELIJAH COOK,
Case Number: 2:11-CV-12798
HONORABLE NANCY G. EDMUNDS

Petitioner,
v.
CARMEN PALMER,
Respondent.
/

ORDER GRANTING PETITIONER’S MOTION TO PROCEED
IN FORMA PAUPERIS ON APPEAL (ECF No. 32)
Petitioner Elijah Cook filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254. The Court denied the petition on February 2, 2016, and also declined to
issue a certificate of appealability. Petitioner has filed a Notice of Appeal. Now before
the Court is Petitioner’s Motion to Proceed In Forma Pauperis on Appeal.
Federal Rule of Appellate Procedure 24(a)(1) provides that a party to a districtcourt 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]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 decision that the petition was
meritless to be debatable or wrong, the Court finds that an appeal may be taken in good

faith.
Accordingly, the Court GRANTS Petitioner’s Motion to Proceed In Forma
Pauperis on Appeal (ECF No. 32).
SO ORDERED.

s/ Nancy G. Edmunds
NANCY G. EDMUNDS
UNITED STATES DISTRICT JUDGE
DATED: June 15, 2016

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