Martin v. Davids

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVONTE MARTIN,

Petitioner, Case No. 21-cv-12616 v. Hon. Matthew F. Leitman

JOHN DAVIDS,

Respondent. __________________________________________________________________/ ORDER DENYING PETITIONER’S MOTION TO DECLARE INDIGENCY AND TO WAIVE FILING FEE FOR NOTICE OF APPEAL (ECF No. 24)

Petitioner Davonte Martin is a state inmate in the custody of the Michigan Department of Corrections. In 2021, Martin filed a petition for a writ of habeas corpus in this Court pursuant to 28 U.S.C. § 2254. (See Pet., ECF No. 1.) The Judge previously assigned to this case denied that petition on July 1, 2024. (See Op. and Order, ECF No. 14.) Shortly thereafter, Martin filed a motion for relief from judgment pursuant to Rules 60(b)(1) and 60(b)(6) of the Federal Rules of Civil Procedure. (See Mot., ECF No. 16.) The Judge concluded that the motion was a second or successive habeas petition and that Martin had not received prior permission from the United States Court of Appeals for the Sixth Circuit to file that petition. (See Op. and Order, ECF No. 22.) The Judge therefore transferred the petition to the Sixth Circuit “for a determination whether Martin is authorized to file a successive petition.” (Id., PageID.1272.)

On March 9, 2025, Martin filed a Notice of Appeal seeking to challenge the transfer of his motion to the Sixth Circuit. (See Notice of Appeal, ECF No. 23.) He has also filed a motion to proceed in forma pauperis on appeal. (See Mot., ECF No.

24.) A court may grant in forma pauperis status on appeal if it finds that an appeal is being taken in good faith. See Foster v. Ludwick, 208 F.Supp.2d 750, 764-65 (E.D. Mich. 2002); 28 U.S.C. § 1915(a)(3) (“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith”); Fed.

R. App. 24(a). The Court DENIES Martin’s motion to proceed in forma pauperis on appeal because Martin’s appeal cannot be taken in good faith. Whether Martin should be

permitted to proceed in this Court with his motion for relief from judgment is already before the Sixth Circuit; Martin need not file a separate appeal in order to have the Sixth Circuit review that question. Thus, because there is no basis Martin’s appeal, it cannot be taken in good faith. Martin is therefore not entitled to proceed in forma

pauperis on appeal. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: April 1, 2025 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on April 1, 2025, by electronic means and/or ordinary mail.

s/Holly A. Ryan Case Manager (313) 234-5126