Wierckz v. Greenstate Credit Union

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
JOSEPH R. WIERCKZ,
Plaintiff,
v.
GREENSTATE CREDIT UNION,
Defendant.
________________________________/
Hon. Paul L. Maloney
Case No. 1:25-cv-547
ORDER DENYING LEAVE TO PROCEED
IN FORMA PAUPERIS ON APPEAL
This is a civil action brought under 42 § 1983. 	On August 21, 2025, the Court
entered an order adopting the report and recommendation of the magistrate judge and judgment
dismissing the action. (ECF Nos. 43, 44.) On October 16, 2025, the Court entered an order denying
Plaintiff’s motion to alter judgment. (ECF No. 47.) Plaintiff now has filed a notice of appeal and
a motion for leave to proceed in forma pauperis on appeal. (ECF No. 48.)
A non-prisoner desiring to proceed on appeal in forma pauperis must obtain pauper
status under Federal Rule of Appellate Procedure 24(a). See Callihan v. Schneider, 178 F.3d 800,
803–04 (6th Cir.1999). Rule 24(a) provides that if a party seeks pauper status on appeal, he must
first file a motion in the district court, along with a supporting affidavit. Fed. R. App. P. 24(a)(1).
However, Rule 24(a) also provides that if the district court certifies that an appeal would not be
taken in good faith, or otherwise denies leave to appeal in forma pauperis, the party must file his
motion to proceed in forma pauperis in the Court of Appeals. Fed. R. App. P. 24(a)(4)-(5); see
also 28 U.S.C. § 1915(a)(3) (providing that “[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”).
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Good faith is judged objectively, see Coppedge v. United States, 369 U.S. 438, 445 (1961),
and an appeal is not taken in good faith if the issue presented is frivolous, defined as lacking an
arguable basis either in fact or law. See Dellis v. Corr. Corp. of Am., 257 F.3d 508, 511 (6th Cir.
2001). For the reasons stated in the Report and Recommendation (ECF No. 39), and Order
Adopting (ECF No. 43), Plaintiff’s appeal is frivolous and lacking in good faith. Therefore,
IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis
on appeal (as taken from ECF No. 48) is DENIED. If Plaintiff wishes to proceed with his appeal,
he must pay the $605.00 appellate fee to the Clerk of this Court within 28 days of this order. See
28 U.S.C. §§ 1913, 1917; 6 Cir. I.O.P. 3; Court of Appeals Miscellaneous Fee Schedule § 1 (Dec.
1, 2023). Alternatively, Plaintiff may file a motion for leave to proceed in forma pauperis in the
Court of Appeals pursuant to the requirement set forth in Fed. R. App. P. 24(a)(5).
IT IS SO ORDERED.
Date: November 17, 2025 	/s/ 	Paul L. Maloney
Paul L. Maloney
United States District Judge
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