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Nitch v. United States

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 10, 2009

DOUGLAS L. NITCH, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

MEMORANDUM AND ORDER

This matter comes before the Court on the Motion for Leave to Appeal in forma pauperis (Doc. 15) filed by Petitioner Douglas L. Nitch. 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)(3); Fed. R. App. P. 24(a)(3). 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 Nitch's affidavit that he is indigent. Furthermore, the Court does not believe that this action is frivolous or malicious. Therefore, the Court GRANTS the motion to proceed on appeal in forma pauperis without prepayment of fees and costs (Doc.15).

IT IS SO ORDERED.

J. PHIL GILBERT DISTRICT JUDGE

20090610

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