Stampone #713769 v. People of the State of Michigan et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
FREDERICK STAMPONE #713769,
Petitioner,
v.
PEOPLE OF THE STATE OF MICHIGAN
et al,
Respondent.
____________________________/
Case No. 2:25-cv-00085
Honorable Paul L. Maloney
ORDER DENYING IN FORMA PAUPERIS STATUS
This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254. On
October 3, 2025, the Court entered an order and judgment dismissing the case without prejudice
for Petitioner’s failure to update his address with the Court. (ECF Nos. 10, 11.) Petitioner now has
filed a notice of appeal and is seeking leave to proceed on appeal in forma pauperis. (ECF Nos. 16,
17.)
Federal Rule of Appellate Procedure 3(e) provides that the appellant must pay all required
fees at the time a notice of appeal is filed with the district court. Under Sixth Circuit Internal
Operating Procedure 3, the docketing fee for a case on appeal is $600.00. In addition, under 28
U.S.C. § 1917, a $5.00 filing fee must be paid to the district court. Petitioner has failed to pay the
fees.
The Sixth Circuit has determined that “a prisoner who is unable to pay the required filing
fees may seek leave to file an appeal in a Section 2254 or Section 2255 action pursuant to Rule
24(a) of the Federal Rules of Appellate Procedure.” Kincade v. Sparkman, 117 F.3d 949, 952 (6th
Cir. 1997). But, under Rule 24(a)(3) and 28 U.S.C. § 1915(a)(3), where the Court has certified that
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an appeal would not be taken in good faith, Petitioner is not authorized to proceed on appeal in
forma pauperis.
As articulated in the October 3, 2025 order dismissing the case (ECF No. 10), the habeas
petition was dismissed without prejudice for Petitioner’s undisputed failure to keep the court
apprised of his address. The Court discerns no good-faith basis for an appeal. The certification
under § 1915(a)(3) does not affect Petitioner’s responsibility to pay the entire appellate filing fee
pursuant to § 1915(b)(1) of the Prison Litigation Reform Act of 1995, Pub. L. No. 104-134.
McGore, 114 F.3d at 610-611. Because of that certification, Petitioner is not eligible to proceed
on appeal in forma pauperis. 28 U.S.C. § 1915(a)(3).
Petitioner is informed that within 28 days from the date of this notice he must submit the
$605.00 filing fee or he must file in the United States Court of Appeals for the Sixth Circuit a
motion for leave to proceed in forma pauperis, a certified copy of a prisoner trust account
statement, and an affidavit of indigence. 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114
F.3d 601, 609 (6th Cir. 1997), overruled in other part by LaFountain v. Harry, 716 F.3d 944, 951
(6th Cir. 2013).
Petitioner is also notified that if he fails to pay the filing fee or to file the required
documents as described above, the Court of Appeals may dismiss his appeal for failure to prosecute
under Rule 3 of the Federal Rules of Appellate Procedure. See McGore, 114 F.3d at 610. In that
case, this Court will assess the entire filing fee, which will be payable in full regardless of the
previous dismissal. See id. In addition, the appeal will not be reinstated even if Petitioner
subsequently pays the filing fee or requests to proceed as a pauper. See id.
Accordingly,
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IT IS ORDERED that leave to proceed in forma pauperis on appeal is DENIED and
Petitioner must seek leave to appeal in forma pauperis in the Sixth Circuit Court of Appeals or pay
the filing fee as stated above.
Dated: 	June 4, 2026 	/s/ Hala Y. Jarbou
HALA Y. JARBOU
for the Honorable Paul L. Maloney
United States District Judge
SEND REMITTANCES TO:
Clerk, U.S. District Court
399 Federal Bldg.
110 Michigan St., N.W.
Grand Rapids, MI 49503
All checks or other forms of payment shall be payable to “Clerk, U.S. District Court” and
must indicate the case number in which the payment is made.
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