SARAH S. VANCE, District Judge.
Before the Court is defendant Sonny Allen's motion to proceed in forma pauperis on appeal.
Allen is a federal prisoner incarcerated at the Oakdale Federal Correctional Institution in Oakdale, Louisiana.
Allen appealed the judgment to the Fifth Circuit, which affirmed the jury verdict and Allen's sentence on September 1, 2016.
A claimant may proceed with an appeal in forma pauperis if he meets three requirements. First, the claimant must submit "an affidavit that includes a statement . . . that [he] is unable to pay such fees or give security therefor." 28 U.S.C. § 1915(a)(1). Based on this information, the district court must determine whether the costs of appeal would cause an undue financial hardship. See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1998). Second, the claimant must provide the court with an affidavit that "states the issues that the party intends to present on appeal." Fed. R. App. P. 24(a)(1)(C); accord 28 U.S.C. § 1915(a)(1) ("Such affidavit shall state the nature of the . . . appeal and affiant's belief that the person is entitled to redress."). Third, the claimant's appeal must be "taken in good faith." 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(4)(B). "Good faith is demonstrated when a party seeks appellate review of any issue `not frivolous.'" Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962)). Good faith "does not require that probable success be shown," but rather "is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous)." United States v. Arroyo-Jurado, 477 F. App'x 150, 151 (5th Cir. 2012). "A complaint is frivolous if it lacks an arguable basis either in law or in fact." Kingery v. Hale, 73 F. App'x 755 (5th Cir. 2003) (citing Denton v. Hernandez, 504 U.S. 25, 31-33 (1992)).
Allen's motion to proceed in forma pauperis suggests that he is unable to pay the fees related to an appeal. The motion and supporting documentation indicate that his current inmate balance is $36.04, and he has no other assets.
For the foregoing reasons, petitioner's motion for leave to appeal in forma pauperis is DENIED.