Henneberry v. City of Newark

Background

On May 14, 2024, John Patrick Henneberry filed a notice of appeal and an application to proceed in forma pauperis on appeal. Proceeding in forma pauperis means pursuing the appeal without paying the required fees and costs because the party cannot afford them.

Legal standard

Under Federal Rule of Appellate Procedure 24(a) and 28 U.S.C. § 1915(a)(1), an appellant seeking this status must submit an affidavit detailing the inability to pay or provide security for fees and costs, claiming an entitlement to relief, and identifying the issues the appellant intends to present. The court also explained that an appeal may not proceed in forma pauperis if the trial court certifies that it is not taken in good faith. The opinion defines good faith as seeking review of a non-frivolous issue, meaning an issue with an arguable basis in fact or law.

Ruling

The court stated that Henneberry’s affidavit established his inability to pay and that his notice of appeal set forth an additional required matter, although the available opinion text cuts off before completing that sentence. The court granted Henneberry’s in forma pauperis application. Judge Thomas S. Hixson signed the order.