Bocook v. Mohr et al

Filing 88

Order granting Plaintiff's Motion to appeal in forma pauperis (Related Doc # 87 ). Judge Jeffrey J. Helmick on 5/26/22.(M,SM)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Daryl Bocook,

Case No. 3:16-cv-2291
Plaintiff,

v.

ORDER

Gary Mohr, et al.,
Defendants.
Plaintiff Daryl Bocook has filed a motion to proceed on appeal without preparing the
appellate filing fee. (Doc. No. 87). He seeks to argue that I erred in granting summary judgment in
favor of the remaining defendant, Brian Wittrup. (Id. at 2). I previously concluded Bocook had
failed to establish a genuine dispute of material fact as to whether Wittrup retaliated against Bocook
for exercising his First Amendment rights. (Doc. No. 83).
Section 1915 provides “[a]n appeal may not be taken in forma pauperis if the trial court
certifies in writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3). A court may grant a
motion to proceed in forma pauperis if the issues are arguable on their merits, even if the petitioner
cannot show a probability of success on the merits. See, e.g., Foster v. Ludwick, 208 F. Supp. 2d 750,
765 (E.D. Mich. 2002). I conclude the issues Bocook raises are not frivolous, even if he is unlikely
to succeed on appeal, and grant his motion to proceed in forma pauperis on appeal. (Doc. No. 87).
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge