Abdulla v. Marsden

Filing 12

ORDER granting 11 Application on Proceed In Forma Pauperis on Appeal(Written Opinion) Signed by Senior Judge David S. Doty on 1/24/2017. (DLO)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 16cv3630(DSD/HB)
Rarity Shireme Abdulla,
Plaintiff,
v.

ORDER

Brian Marsden,
Defendant.

This matter is before the court upon the application to
proceed on appeal without prepayment of fees by plaintiff Rarity
Shireme Abdulla.

A litigant who seeks to be excused from paying

the filing fee for an appeal may apply for IFP status under 28
U.S.C. § 1915.

See also Fed. R. App. P. 24(a).

To qualify for IFP

status, the litigant must demonstrate that he cannot afford to pay
the full filing fee.

28 U.S.C. § 1915(a)(1).

Abdulla’s IFP application indicates that his monthly expenses
exceed his wages.

ECF No. 11, at 1-4, 6.

As a result, the court

finds that Abdulla is financially eligible for IFP status. Even if
a litigant is found to be indigent, however, IFP status will be
denied if the court finds that the litigant’s appeal is not taken
in “good faith.”
context

is

judged

28 U.S.C. § 1915(a)(3).
by

an

objective

subjective beliefs of the appellant.
369 U.S. 438, 444-45 (1962).

Good faith in this

standard

and

not

by

the

Coppedge v. United States,

To determine whether an appeal is

taken in good faith, the court must decide whether the claims to be

decided on appeal are factually or legally frivolous.

Id. at 445.

An appeal is frivolous, and therefore cannot be taken in good
faith, “where it lacks an arguable basis either in law or in fact.”
Neitzke v. Williams, 490 U.S. 319, 325 (1989).
Although the court remains fully satisfied that Abdulla’s case
was properly dismissed, his appeal is not frivolous, as that term
has been defined by the Supreme Court.

As a result, the appeal is

considered to be taken in good faith for purposes of 28 U.S.C. §
1915(a)(3), and the IFP application will be granted.
Accordingly, based on the above, IT IS HEREBY ORDERED that
Abdulla’s application to appeal in forma pauperis [ECF No. 11] is
granted.
Dated: January 24, 2017
s/David S. Doty
David S. Doty, Judge
United States District Court

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