Opinion
Case No. CIV-05-1415-F.
August 15, 2006
ORDER
Petitioner, a federal prisoner appearing pro se, has filed a Application to proceed in forma pauperis on appeal. (Doc. No. 46). Although 28 U.S.C. § 1915(b) does not apply to habeas actions, see United States v. Simmonds, 111 F.3d 737 (10th Cir. 1997) (holding Prison Litigation Reform Act inapplicable to habeas and § 2255 actions and appeals) overruled on other grounds in U.S. v. Hurst, 322 F.3d 1256 (10th Cir. 2003), both § 1915(a)(1) and (a)(3) do apply to a habeas appeal. Accordingly, a petitioner must show that the appeal is taken in good faith and that he lacks the financial ability to pay the required fees. See, McIntosh v. United States Parole Comm'n, 115 F.3d 809, 812 (10th Cir. 1997).
Having reviewed the motion and the record, the Court finds that Petitioner has presented a reasoned, non-frivolous argument on appeal and that the appeal is taken in good faith. Accordingly, the Court finds Petitioner is entitled to proceed without payment of the filing fee, and his application for in forma pauperis status is GRANTED. 28 U.S.C. § 1915(a)(1) and (a)(3).
IT IS SO ORDERED.