Hart v. Heyns et al

Filing 21

ORDER granting 19 Motion to appeal in forma pauperis. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

IVAN HART,
Case No. 12-14281
Plaintiff,
Honorable John Corbett O’Meara
v.
DANIEL HEYNS, et. al.,
Defendants.
/
ORDER GRANTING PLAINTIFF’S MOTION TO APPEAL IN FORMA PAUPERIS
This matter came before the court on plaintiff Ivan Hart’s June 13, 2013 Motion to Proceed
In Forma Pauperis. The standards governing in forma pauperis motions are set forth in 28 U.S.C.
§ 1915(a). The district court may authorize the commencement of an appeal of a civil action without
the prepayment of fees or costs by a person who submits an affidavit that he or she "is unable to pay
such fees or give security therefor." 28 U.S.C. § 1915(a)(1). The district court must examine the
financial condition of the applicant to determine whether the payment of fees would cause an undue
financial hardship. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir.), cert.denied, 488 U.S. 941 (1988).
In this case petitioner Hart's claim of indigence is supported by the information supplied in support
of his application. The court concludes that paying the appellate filing fee is beyond his means.
Even when an applicant establishes indigence, however, the court must certify that the appeal
is filed in good faith. The statute specifically provides that "[a]n appeal may not be taken in forma
pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. §
1915(a)(3). The good faith standard is an objective one, and "good faith" will exist where a party

"seeks appellate review of any issue not frivolous." Coppedge v. United States, 369 U.S. 438, 445
(1962). In this case the court finds that the appeal is not frivolous.
ORDER
It is hereby ORDERED that plaintiff Ivan Hart's application for leave to appeal in forma
pauperis is GRANTED.

s/John Corbett O'Meara
United States District Judge

Date: July 19, 2013

I hereby certify that a copy of the foregoing document was served upon the parties of record
on this date, July 19, 2013, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager