Randleman v. Firelands Habitat for Humanity, Inc.

District Court, N.D. Ohio

Randleman v. Firelands Habitat for Humanity, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Tonya L. Randleman, Case No. 3:24-cv-760

Plaintiff,

v. ORDER

Firelands Habitat for Humanity, Inc.,

Defendant.

Plaintiff Tonya L. Randleman has filed a motion to proceed on appeal without prepaying the appellate filing fee. (Doc. No. 7). She seeks to argue that I erred in rejecting her attempt to remove this foreclosure dispute from state court and remanding the case. (See Doc. No. 4). Section 1915 provides “[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”

28 U.S.C. § 1915

(a)(3). A court may grant a motion to proceed in forma pauperis if the issues are arguable on their merits, even if the petitioner cannot show a probability of success on the merits. See, e.g., Foster v. Ludwick,

208 F. Supp. 2d 750, 765

(E.D. Mich. 2002). I conclude the issues Randleman raises are plainly frivolous, and there is no possibility she will succeed on appeal. Therefore, I deny her motion to proceed in forma pauperis on appeal. (Doc. No. 7). So Ordered.

s/ Jeffrey J. Helmick United States District Judge

Reference

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