Thomas v. Roy

Filing 78

ORDER: The application of Petitioner Pharaoh El-Forever Left-i Amen El to proceed in forma pauperis on appeal (Doc. No. 75 ) is GRANTED. Petitioner Pharaoh El-Forever Left-i Amen Els self-styled letter/motion for reconsideration (Doc. No. 76 ) is DENIED. Consistent with Chisago County Judge Suzanne Bollman's Amended Order Granting Name Change (Doc. No. [77-1]), the Clerk's Office is directed to change Petitioner's name to Pharaoh El-Forever Left-i Amen El. Signed by Judge Donovan W. Frank on 10/4/2018. (las) cc: Pharaoh El-Forever Left-i Amen El. Modified text on 10/4/2018 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Pharaoh El-Forever Left-i Amen El,
a/k/a Pharaoh El-Forever Amen El,
a/k/a DeSean Lamont Thomas, 1

Civil No. 17-2790 (DWF/HB)

Petitioner,
ORDER
v.
Tom Roy,
Respondent.

Petitioner Pharaoh El-Forever Amen El has applied for in forma pauperis (“IFP”)
status on appeal from the denial of his petition for a writ of habeas corpus. See Doc.
No. 75.) The Court has reviewed the IFP application and concludes that Amen El
qualifies financially for IFP status. Moreover, although a litigant may proceed IFP only
if his appeal is taken in good faith, and although the Court has declined to issue a COA,
“[t]he standard for granting an application for leave to proceed in forma pauperis . . . is a
lower standard than the standard for certificates of appealability.” Moore v. Haas, Civil
No. 2:13-CV-12225, 2013 WL 5819593, at *6 (E.D. Mich. Oct. 29, 2013); accord
United States v. Youngblood, 116 F.3d 1113, 1115 (5th Cir. 1997). The Court continues
to believe that the habeas petition was properly denied, but Amen El’s appeal is not
frivolous as the Supreme Court has defined that term. Accordingly, the IFP application

Petitioner’s name was changed pursuant to a June 20, 2018 Amended Order
Granting Name Change. (Doc. No. 77-1.)
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will be granted. Amen El’s request to file a motion for reconsideration (Doc. No. 76)
will not be granted.
Based on the foregoing, and on all of the files, records, and proceedings herein, IT
IS HEREBY ORDERED:
1.

The application of Petitioner Pharaoh El-Forever Left-i Amen El to proceed

in forma pauperis on appeal (Doc. No. [75]) is GRANTED.
2.

Petitioner Pharaoh El-Forever Left-i Amen El’s self-styled letter/motion for

reconsideration (Doc. No. [76]) is DENIED.
3.

Consistent with Chisago County Judge Suzanne Bollman’s Amended Order

Granting Name Change (Doc. No. [77-1]), the Clerk’s Office is directed to change
Petitioner’s name to Pharaoh El-Forever Left-i Amen El.
Dated: October 4, 2018

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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