Filed: Oct. 19, 2016
Latest Update: Oct. 19, 2016
Summary: ORDER GRANTING APPLICATION TO PROCEED ON APPEAL IN FORMA PAUPERIS [47] AND DENYING AS MOOT PLAINTIFF'S REQUEST FOR ORDERING OF THE RECORD FROM THE REPORTER [49] JUDITH E. LEVY , District Judge . On September 9, 2016, the Court entered an opinion and order denying plaintiff's objections to the Report and Recommendation, granting defendants' motion for summary judgment, and denying plaintiff's motion for summary judgment. (Dkt. 42.) An amended judgment was entered the same day. (Dkt
Summary: ORDER GRANTING APPLICATION TO PROCEED ON APPEAL IN FORMA PAUPERIS [47] AND DENYING AS MOOT PLAINTIFF'S REQUEST FOR ORDERING OF THE RECORD FROM THE REPORTER [49] JUDITH E. LEVY , District Judge . On September 9, 2016, the Court entered an opinion and order denying plaintiff's objections to the Report and Recommendation, granting defendants' motion for summary judgment, and denying plaintiff's motion for summary judgment. (Dkt. 42.) An amended judgment was entered the same day. (Dkt...
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ORDER GRANTING APPLICATION TO PROCEED ON APPEAL IN FORMA PAUPERIS [47] AND DENYING AS MOOT PLAINTIFF'S REQUEST FOR ORDERING OF THE RECORD FROM THE REPORTER [49]
JUDITH E. LEVY, District Judge.
On September 9, 2016, the Court entered an opinion and order denying plaintiff's objections to the Report and Recommendation, granting defendants' motion for summary judgment, and denying plaintiff's motion for summary judgment. (Dkt. 42.) An amended judgment was entered the same day. (Dkt. 43.) On September 29, 2016, plaintiff filed a notice of appeal of that order (Dkt. 44), and a motion to proceed in forma pauperis on appeal. (Dkt. 47.)
The Court may grant in forma pauperis status if it finds that an appeal would be taken in good faith. See 28 U.S.C. § 1915(a)(3); Foster v. Ludwick, 208 F.Supp.2d 750, 764 (E.D. Mich. 2002) ("The standard for issuing a certificate of appealability has a higher threshold than the standard for granting in forma pauperis status, which requires showing that the appeal is not frivolous.") (citing United States v. Youngblood, 116 F.3d 1113, 1115 (5th Cir. 1997)). "`Good faith' merely requires showing that the issues are arguable on the merits; it does not require a showing of probable success." Foster, 208 F. Supp. 2d at 765.
The Court has reviewed plaintiff's prisoner trust fund account and affidavit (Dkt. 46), and finds that plaintiff is indigent. The Court also finds that an appeal would be taken in good faith because some of the issues "are arguable on the merits," so plaintiff may proceed in forma pauperis on appeal. Foster, 208 F. Supp. 2d at 765.
Related to his appeal, plaintiff filed a request for ordering of the record from the reporter. (Dkt. 49.) Plaintiff seeks to have the court reporter "prepare any and all transcript[s] of proceedings in this case, on and off the file[,] and to [m]ail him a copy." (Id. at 1.) Because there were no proceedings for which a record was taken by the court reporter, plaintiff's motion is moot.
Accordingly, plaintiff's motion to proceed in forma pauperis on appeal (Dkt. 47) is GRANTED.
Plaintiff's request for ordering of the record from the reporter (Dkt. 49) is DENIED as moot.
IT IS SO ORDERED.
