Dunbar v. Heyns et al

Filing 29

ORDER Denying Letter Request to Transfer 24 and Application to Proceed In Forma Pauperis 28 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSEPH DUNBAR,
Plaintiff,
v.

Case No. 2:15-cv-11573
Hon. Denise Page Hood

DANIEL HEYNS, ET AL.,
Defendants.
_______________________________________/
ORDER DENYING LETTER REQUEST TO TRANSFER [Dkt. 24]
AND APPLICATION TO PROCEED IN FORMA PAUPERIS [Dkt. 28]
This action was dismissed without prejudice by order dated October 8, 2015,
for Plaintiff’s failure to correct filing deficiencies. [Dkt. 18]. In this order the Court
explained that the time for correcting the filing deficiency had passed, and that if
Plaintiff wished to pursue his claims he was required to re-file his complaint in
compliance with the Court’s filing requirements. Plaintiff’s motion for reconsideration
was denied on December 21, 2015. [Dkt. 23].
Plaintiff has now filed a letter with the Court, which will be construed as a
post-judgment motion, seeking an order transferring him to a federal facility because
Defendants continue to violate his constitutional rights. The Court again reminds
Plaintiff that this case is closed. His present motion does not assert any grounds for
reconsideration.
Plaintiff also filed an Application to Proceed In Forma Pauperis / Without

Prepaying Fees or Costs on Appeal. A court may grant leave to proceed in forma
pauperis if it finds that an appeal is being taken in good faith. 28 U.S.C. § 1915(a)(3);
Fed. R. App. P. 24(a); See Foster v. Ludwick, 208 F. Supp. 2d 750, 764-65 (E.D.
Mich. 2002). “Good faith” requires a showing that the issues raised are not frivolous;
it does not require a showing of probable success on the merits. Foster, 208 F. Supp.
2d at 765. Here, Plaintiff failed to correct the filing deficiencies and the case was
dismissed without prejudice. The Court finds any appeal from the Court’s order is not
made in good faith and is frivolous.
Accordingly,
IT IS ORDERED that Plaintiff's motion for transfer [Dkt. No. 24] is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma
pauperis without prepaying fees or costs on appeal [Dkt. No. 28] is DENIED.

S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: March 24, 2016
I hereby certify that a copy of the foregoing document was served upon counsel of
record on March 24, 2016, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

2