Hill v. Curtin

Filing 22

ORDER Denying 19 Application to Proceed In Forma Pauperis, and 20 MOTION for Certificate of Appealability filed by Thomas Hill. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS HILL,
Petitioner,
Case No. 10-13436
v.
CINDI CURTIN,

Hon. John Corbett O’Meara
Hon. Paul J. Komives

Respondent.
____________________/
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
ON APPEAL AND FOR CERTIFICATE OF APPEALABILITY
Before the court is Petitioner’s application to proceed in forma pauperis on appeal. The
court may grant in forma pauperis status if the court finds that an appeal is being taken in good
faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24 (a); Foster v. Ludwick, 208 F. Supp. 2d
750, 765 (E.D. Mich. 2002). Good faith requires a showing that the issues raised are not
frivolous. Id. In the present case, the court will DENY Plaintiff leave to appeal in forma
pauperis, because the appeal would be frivolous for the reasons stated in the magistrate judge’s
August 29, 2012 report and recommendation and this court’s November 1, 2012 order adopting
the report and recommendation. See Allen v. Stovall, 156 F. Supp. 2d 791, 798 (E.D. Mich.
2001).
Petitioner also seeks a certificate of appealability. The court has already denied a
certificate of appealability by adopting the magistrate’s recommendation on November 1, 2012.
Accordingly, Petitioner’s request for a certificate of appealability is DENIED.
SO ORDERED.
s/John Corbett O'Meara
United States District Judge
Date: November 27, 2012

I hereby certify that a copy of the foregoing document was served upon the parties of
record on this date, November 27, 2012, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager