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D. Minn.Procedural orderFiled Feb. 15, 2023

Dahir v. Bolin

Judge
Katherine Menendez
Docket
0:21-cv-01617
Court
U.S. District Court · District of Minnesota
Pages
2
Fee PetitionCivil Procedure
In one sentence

In Dahir v. Bolin, Judge Menendez granted Dahir permission to appeal without paying fees, finding him financially eligible and his appeal nonfrivolous.

Who this affects

Bakil Dahir, the petitioner, may pursue his appeal without paying the filing fee based on this order.

What happened

In Dahir v. Bolin, Bakil Dahir asked to appeal without paying the filing fee after the court had denied his petition for habeas relief and declined to issue a certificate of appealability.

The court found that Dahir’s financial information showed he could not afford the full appeal fee. It also found that his appeal was not frivolous, even though the court remained satisfied that it had properly denied his petition.

Judge Katherine Menendez granted Dahir’s motion to appeal without paying the filing fee.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Dahir v. Bolin · No. 0:21-cv-01617
Judge
Katherine Menendez
Date
Feb. 15, 2023

Background

On December 7, 2022, the court denied petitioner Bakil Dahir’s petition for habeas relief under 28 U.S.C. § 2554 and declined to issue a certificate of appealability. Dahir filed a notice of appeal and moved for permission to appeal in forma pauperis, meaning without paying the required filing fee.

Standard

A person seeking to appeal without paying the filing fee must show that he cannot afford the full fee. A court may not allow an appeal without payment if it certifies that the appeal is not taken in good faith. An appeal is taken in good faith when it raises at least one nonfrivolous issue.

Ruling

The court concluded, based on the information in Dahir’s application, that he was financially eligible for this status. Although the court stated that it remained satisfied that it had properly dismissed Dahir’s petition, it did not consider his appeal frivolous. The court therefore granted Dahir’s motion to appeal in forma pauperis.

Disposition

The motion to appeal in forma pauperis was GRANTED.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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