FARMER v. U.S., 11-cr-40073-JPG-001. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150326c37
Visitors: 12
Filed: Mar. 25, 2015
Latest Update: Mar. 25, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on petitioner Franchie Farmer's motion for leave to appeal in forma pauperis (Doc. 24). 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 (7t
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on petitioner Franchie Farmer's motion for leave to appeal in forma pauperis (Doc. 24). 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..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on petitioner Franchie Farmer's motion for leave to appeal in forma pauperis (Doc. 24). 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 Farmer's affidavit that she 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. 24). The Court DIRECTS the Clerk of Court to send a copy of this order to the Court of Appeals for use in conjunction with Appeal No. 15-1483.
IT IS SO ORDERED.
Source: Leagle
