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)

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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 1 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 (810) 341-9764 2

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