Summary
The United States District Court for the District of South Dakota granted Bruce Edgar Smith’s motion to proceed in forma pauperis on appeal from the dismissal of his successive habeas corpus petition. The court found that Smith could not afford the appellate filing fee and that his appeal appeared to be taken in good faith.
Holdings
- Smith may proceed in forma pauperis on appeal because he demonstrated that he could not afford the appellate filing fee and his appeal appeared to be taken in good faith.
Questions Presented
- Whether Smith should be permitted to proceed in forma pauperis on appeal under 28 U.S.C. § 1915(a)(1) and (3).
Disposition
other
Cases Cited (2)
- Malave v. Hedrick, 271 F.3d 1139, 1140 (8th Cir. 2001) (per curiam)(followed)
- Smith v. SD Board of Pardons & Paroles, No. 4:25-CV-04214-ECS, Doc. 6 (D.S.D. Nov. 17, 2025)(relied upon)
Cited In (0)
No citing cases on record yet.
Court Document
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