Marcusse v. FCI Waseca

Filing 35

ORDER granting 33 Application on Proceed In Forma Pauperis on Appeal. (Written Opinion) Signed by Judge Susan Richard Nelson on 1/4/2019. (SMD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JANET MAVIS MARCUSSE,

Case No. 17-CV-4656 (SRN/LIB)

Petitioner,
ORDER

v.
WARDEN FCI WASECA,
Respondent.

This matter is before the Court on the application to proceed in forma pauperis
(“IFP”) on appeal of petitioner Janet Mavis Marcusse from the dismissal of her petition
for a writ of habeas corpus and the denial of her post-judgment motions. See Doc.
No. 33. After review, this Court concludes that Marcusse qualifies financially for IFP
status. Further, although the question is close, the Court finds that Marcusse’s appeal is
not frivolous as the Supreme Court has defined that term. Accordingly, Marcusse’s IFP
application is granted.
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 Janet Mavis Marcusse [Doc. No. 33] is GRANTED.
Dated: January 4, 2019

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