Linehan v. Piper

Filing 15

ORDER granting 13 Application on Proceed In Forma Pauperis on Appeal. (Written Opinion) Signed by Judge Susan Richard Nelson on 01/22/2018. (SMD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
DENNIS D. LINEHAN,

Case No. 17-CV-4355 (SRN/HB)

Petitioner,
ORDER
v.
EMILY JOHNSON PIPER, Comm. Dept. Of
Human Services, et al.,
Respondent.

Petitioner Dennis D. Linehan has applied for in forma pauperis (“IFP”) status on appeal
from the dismissal of his petition for a writ of habeas corpus for lack of jurisdiction. See ECF
No. 13. The Court has reviewed the IFP application and concludes that Linehan 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
dismissed, but Linehan’s appeal is not frivolous as the Supreme Court has defined that term.
Accordingly, the IFP application will be granted.1

1

That said, Linehan’s notice of appeal was by all indications filed too late, see Fed. R.
App. P. 4(a)(1)(A), and the Court cannot find on the basis of the record before it that Linehan
had good cause for the delay or that the failure to submit a timely notice of appeal was the
product of excusable neglect, see Fed. R. App. P. 4(a)(5). Because the mistake is not
jurisdictional, the Court will nevertheless grant Linehan’s IFP application.

ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED that the application to proceed in forma pauperis on appeal of petitioner
Dennis D. Linehan [ECF No. 13] is GRANTED.

Dated: January 22, 2018

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Court

-2-