Childress v. Palmer

Filing 27

ORDER Granting 25 Application to Proceed Without Prepaying Fees or Costs filed by Rushad Childress. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RUSHAD CHILDRESS,
Case Number: 2:12-14914
HONORABLE SEAN F. COX

Petitioner,
v.
CARMEN PALMER,
Respondent.
/

ORDER GRANTING PETITIONER’S MOTION TO PROCEED
IN FORMA PAUPERIS ON APPEAL (ECF No. 25)
Petitioner Rushad Childress filed a petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254. The Court denied the petition on February 16, 2017, 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. 25).
SO ORDERED.

Dated: May 2, 2017

s/Sean F. Cox
Sean F. Cox
U. S. District Judge

I hereby certify that on May 2, 2017, the foregoing document was served on counsel of
record via electronic means and upon Rushad Childress via First Class mail at the address
below:
Rushad Childress
651842
THUMB CORRECTIONAL FACILITY
3225 JOHN CONLEY DRIVE
LAPEER, MI 48446

s/J. McCoy
Case Manager

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