Hall v. Detroit, City of et al

Filing 46

ORDER Granting 42 Application to Proceed in forma pauperis on Appeal, filed by Richard Louis Hall. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RICHARD HALL,
Case No. 15-12971

Plaintiff,

Honorable John Corbett O’Meara

v.
CITY OF DETROIT, et al.,
Defendants.
/

ORDER GRANTING PLAINTIFF'S APPLICATION TO PROCEED IFP
This matter came before the court on plaintiff Richard Hall's December 14, 2016
Application to Proceed in District Court Without Prepaying Fees or Costs. It appears,
however, that Hall intended to apply to proceed in forma pauperis ("IFP") on appeal,
as he also filed Notice of Appeal December 14, 2016. Accordingly, the court will
assume for purposes of this order that Plaintiff has applied for IFP status regarding his
appeal.
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 Plaintiff’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 certifies that the appeal is taken in good faith.
ORDER
It is hereby ORDERED that plaintiff Richard Hall's December 14, 2016 Motion
to Proceed In Forma Pauperis is GRANTED.

s/John Corbett O'Meara
United States District Judge

Date: January 10, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, January 10, 2017, using the ECF system and/or ordinary
mail.

s/William Barkholz
Case Manager

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