Opinion
Case No. 82-71077
05-30-2012
TYRONE REID, a/k/a LUQMAN ABDURRAHMAN, Petitioner, v. WASHTENAW COUNTY CIRCUIT COURT and FRANK KELLEY, Respondents.
HONORABLE DENISE PAGE HOOD
ORDER DENYING APPLICATION TO PROCEED
IN FORMA PAUPERIS ON APPEAL
This is a habeas action brought pursuant to 28 U.S.C.§ 2254 by Petitioner LuQman AbdurRahman, formerly known as Tyrone Reid. This matter comes before the Court on Petitioner's application to proceed in forma pauperis on appeal regarding the denial of his post-judgment motions.
The standard for granting an application for leave to proceed in forma pauperis is a lower standard than the standard for granting a certificate of appealability. See Foster v. Ludwick, 208 F. Supp. 2d 750, 764 (E.D. Mich. 2002). Whereas a certificate of appealability may only be granted if petitioner makes a substantial showing of the denial of a constitutional right, a court may grant leave to proceed in forma pauperis if it finds that an appeal is being taken in good faith. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a); Foster, 208 F. Supp. 2d at 764-65. "Good faith" requires a showing that the issues raised are not frivolous; it does not require a showing of probable success on the merits. Foster, 208 F. Supp. 2d at 765. Having considered the matter, the Court concludes that any appeal regarding the denial of Petitioner's post-judgment motions would be frivolous and cannot be taken in good faith.
Accordingly,
IT IS ORDERED that Petitioner's application to proceed in forma pauperis on appeal [Dkt. # 43] is DENIED.
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Denise Page Hood
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on May 30, 2012, by electronic and/or ordinary mail.
LaShawn R. Saulsberry
Case Manager