MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on petitioner Montarico Johnson's motion for leave to proceed on appeal in forma pauperis (Doc. 32) and motion for a certificate of appealability (Doc. 33).

A federal court may permit a party to proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good faith. 28 U.S.C. § 1915(a)(1) & (3); Fed. R. App. P. 24(a)(3)(A). A frivolous appeal cannot be made in good faith. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). The test for determining if an appeal is in good faith or not frivolous is whether any of the legal points are reasonably arguable on their merits. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (citing Anders v. California, 386 U.S. 738 (1967)); Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000).

The Court is satisfied from Johnson's affidavit that he is indigent. The Court further finds that the appeal is taken in good faith. Accordingly, the Court GRANTS the motion for leave to proceed on appeal in forma pauperis (Doc. 32).

As for Johnson's motion for a certificate of appealability, the Court has already denied Johnson's request in its order denying his § 2255 motion (Doc. 27). The next step is for Johnson to ask the Court of Appeals, so the Court DIRECTS the Clerk of Court to TRANSFER Johnson's motion to the Court of Appeals for consideration in Appeal No. 16-1676.

The Court further DIRECTS the Clerk of Court to send a copy of this order to the Court of Appeals for use in conjunction with Appeal No. 16-1676.

IT IS SO ORDERED.