Darby v. Horton

Filing 34

ORDER (1) Confirming Petitioner May Appeal In Forma Pauperis and (2) Granting Petitioner's 32 Motion for Leave to Appeal In Forma Pauperis. Signed by District Judge Matthew F. Leitman. (HMon)

Case 2:17-cv-10693-MFL-SDD ECF No. 34, PageID.1814 Filed 12/22/20 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL A. DARBY,
Petitioner,

Case No. 17-cv-10693
Hon. Matthew F. Leitman

v.
JACK KOWALSKI.
Respondent.
__________________________________________________________________/
ORDER (1) CONFIRMING PETITIONER MAY APPEAL
IN FORMA PAUPERIS AND (2) GRANTING PETITIONER’S MOTION
FOR LEAVE TO APPEAL IN FORMA PAUPERIS (ECF No. 32),
Petitioner Michael Darby is a state prisoner in the custody of the Michigan
Department of Corrections. On October 26, 2020, the Court issued an Opinion and
Order that (1) denied Darby’s petition for a writ of habeas corpus, (2) granted Darby
a limited certificate of appealability, and (3) granted Darby leave to appeal in forma
pauperis. (See Op. and Order, ECF No. 26.)
On December 22, 2020, Darby filed a motion asking that the Court grant him
leave to appeal in forma pauperis. (See Mot., ECF No. 32.) The Court previously
granted that request in its Opinion and Order denying Darby’s habeas petition. (See
Op. and Order, ECF No. 26, PageID.1792.)

Through this order, the Court

CONFIRMS that Darby may proceed in forma pauperis on appeal. Thus, to the

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Case 2:17-cv-10693-MFL-SDD ECF No. 34, PageID.1815 Filed 12/22/20 Page 2 of 2

extent Darby’s motion seeks leave to appeal in forma pauperis, the motion is
GRANTED.
IT IS SO ORDERED.

Dated: December 22, 2020

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on December 22, 2020, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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