Kniebes-Larsen v. United States of America

Filing 14

ORDER granting 12 Application on Proceed on Appeal without Prepaying Fees or Costs.(Written Opinion) Signed by Judge Joan N. Ericksen on 1/3/2019. (KJB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Brandi Kniebes-Larsen,
Petitioner,
v.

Case No. 18-cv-1261 (JNE/BRT)
ORDER

United States of America,
Respondent.
This case is before the Court on Petitioner’s application to proceed in forma
pauperis on appeal. Petitioner, who is incarcerated at the Federal Correctional
Institution—Waseca, filed a notice of appeal after the Court dismissed her section 2241
petition and entered judgment.
To qualify for in forma pauperis status on appeal, a prisoner who appeals from a
judgment in a civil action must submit information that demonstrates the prisoner’s
inability to pay, or give security for, the appellate filing fees. 28 U.S.C. § 1915(a)(1)
(2012). Petitioner’s motion indicates that she is financially eligible to proceed in forma
pauperis on appeal.
Even if the prisoner is financially eligible to proceed in forma pauperis on appeal,
the prisoner may not appeal in forma pauperis if the district court “certifies in writing that
[the appeal] is not taken in good faith.” Id. § 1915(a)(3). 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. Coppedge v. United States, 369 U.S. 438, 445
(1962). An appeal is frivolous, and therefore cannot be taken in good faith, “where it
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lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325
(1989). Although the Court remains satisfied that Petitioner’s claims in this case have
been properly adjudicated, the Court declines to certify that the appeal is not taken in
good faith. See 28 U.S.C. § 1915(a)(3) (2012). The Court grants Petitioner’s motion for
leave to proceed in forma pauperis on appeal. Therefore, IT IS ORDERED THAT:
1.

Petitioner’s application to proceed in forma pauperis on appeal [ECF
No. 12] is GRANTED.

Dated: January 3, 2019
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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