United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING PLAINTIFF'S APPLICATION TO PROCEED
Corbett O'Meara United States District Judge
matter came before the court on plaintiff Richard Hall's
December 14, 2016 Application to Proceed in District Court
Without Prepaying Fees or Costs. It appears, however, that
Hall intended to apply to proceed in forma pauperis
("IFP") on appeal, as he also filed Notice of
Appeal December 14, 2016. Accordingly, the court will assume
for purposes of this order that Plaintiff has applied for IFP
status regarding his appeal.
standards governing in forma pauperis motions are
set forth in 28 U.S.C. § 1915(a). The district court may
authorize the commencement of an appeal of a civil action
without the prepayment of fees or costs by a person who
submits an affidavit that he or she "is unable to pay
such fees or give security therefor." 28 U.S.C. §
1915(a)(1). The district court must examine the financial
condition of the applicant to determine whether the payment
of fees would cause an undue financial hardship. Prows v.
Kastner, 842 F.2d 138, 140 (5th Cir.), cert.
denied, 488 U.S. 941 (1988).
case Plaintiff's claim of indigence is supported by the
information supplied in support of his application. The court
concludes that paying the appellate filing fee is beyond his
when an applicant establishes indigence, however, the court
must certify that the appeal is filed in good faith. The
statute specifically provides that "[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). The good faith
standard is an objective one, and "good faith" will
exist where a party "seeks appellate review of any issue
not frivolous." Coppedge v. United States, 369
U.S. 438, 445 (1962). In this case the court certifies that
the appeal is taken in good faith.
hereby ORDERED that plaintiff Richard
Hall's December 14, 2016 Motion to Proceed ...