HUGH LAWSON, Senior District Judge.
Before the Court is Plaintiff Ruben Lamb's Amended Motion to Proceed In Forma Pauperis ("IFP") on appeal. (Doc. 43.) For the reasons below, the Amended Motion (Doc. 43) is granted. Plaintiff's original Motion (Doc. 40) is deemed moot.
Motions to proceed IFP on appeal are governed by 28 U.S.C. § 1915(a) and Federal Rule of Appellate Procedure 24. Section 1915(a) provides that
28 U.S.C. § 1915(a). The statute forbids a plaintiff to proceed IFP "if the trial court certifies in writing that [the action] is not taken in good faith." 28 U.S.C. § 1915(a)(3).
Federal Rule of Appellate Procedure 24 provides:
FED. R. APP. PROC. 24(a).
Thus, based on § 1915(a) and Rule 24, to grant a motion to proceed IFP on appeal, the moving party must submit an affidavit that demonstrates (1) an inability to pay, (2) entitlement to redress, (3) the issues on appeal, and (4) good faith.
When considering a motion to proceed IFP, "[t]he only determination to be made by the court . . . is whether the statements in the affidavit satisfy the requirement of poverty."
In this case, Plaintiff submitted his Amended Motion for Permission to Appeal IFP along with a corresponding Affidavit. (Doc. 43.) In his Affidavit, he reports his monthly income as $1,308.00 in Social Security disability benefits. His wife has not earned any income in the last twelve months. Plaintiff estimates his monthly expenses to be $1,140.00 and his wife's expenses to be $1,483.00. This amounts to a total of $2,623.00 spent monthly on mortgage payments, utilities, home maintenance, food, clothing, and insurance, among other expenses. These estimates from Plaintiff's Affidavit demonstrate that his expenses are greater than his income. This satisfies the requirement of demonstrating an inability to pay court fees.
To proceed IFP on appeal, the moving party must also state an entitlement of redress. In this case, Plaintiff's Affidavit includes a signature block in which there appears the sentence "I believe I am entitled to redress." Plaintiff dated and signed his Affidavit below this sentence. This is sufficient to demonstrate the fulfillment of the second requirement to proceed IFP on appeal.
The third condition for proceeding IFP requires the moving party to clearly state the issues on appeal. Plaintiff's Amended Motion to Proceed IFP (Doc. 43) states two issues to be appealed: (1) whether Hartford's decision to deny was arbitrary and capricious; and (2) whether Hartford's counterclaim for overpayment actually seeks appropriate equitable relief.
Finally, the fourth requirement to proceed IFP on appeal is good faith. The test for whether an appeal is taken in good faith under section 1915(a) is whether the litigant seeks appellate review of any issue that is not frivolous.
In sum, Plaintiff Ruben Lamb has satisfied the four requirements for proceeding IFP on appeal, and therefore, his Amended Motion (Doc. 43) is granted.