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Haynes v. Bergh

United States District Court, E.D. Michigan, Southern Division

April 16, 2015

MAURICE ANTWAN HAYNES, Petitioner,
v.
DAVID BERGH, Respondent.

OPINION AND ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL

SEAN F. COX, District Judge.

On December 5, 2014, the Court entered an Opinion and Order in this matter, wherein the Court adopted the Magistrate Judge's recommendations that: (1) Petitioner's petition for a writ of habeas corpus be denied, AND (2) a certificate of appealability be denied. On February 23, 2015, the Court denied Petitioner's Motion for Certificate of Appealability (Docket #25). Presently before the Court is Petitioner's Motion to Proceed In Forma Pauperis on Appeal (Docket #22).

The standard for issuing a certificate of appealability has a higher threshold than the standard for granting in forma pauperis status, which only requires a showing that the appeal is not frivolous. See Foster v. Ludwick, 208 F.Supp.2d 750, 764 (E.D. Mich. 2002). For the reasons set forth in the Court's December 5, 2014, Opinion and Order (adopting the April 16, 2014 Report and Recommendation prepared by the Magistrate Judge), as well the February 23, 2015 Opinion and Order denying a certificate of appealability, the Court finds that the issues presented by Petitioner's appeal are frivolous. Hence v. Smith, 49 F.Supp.2d 547, 549 (E.D. Mich. 1999); Fed. R. App. P. 24(a). Accordingly, Petitioner's Motion to Proceed In Forma Pauperis on Appeal (Docket #22) is DENIED.

IT IS SO ORDERED.


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