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)

Download PDF
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 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?