# Booker v. Board of Education of the Toledo City School District

> District Court, N.D. Ohio · May 13, 2024

URL: https://www.frixlaw.com/law-library/cases/10373426

## Case

- **Court:** District Court, N.D. Ohio
- **Decided:** May 13, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10373426

## Opinion text

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

Stephanie Booker, Case No. 3:22-cv-1233

Plaintiff,

v. ORDER

Board of Education of Toledo
City School District,

Defendant.

Plaintiff Stephanie Booker has filed a motion to proceed on appeal without prepaying the
appellate filing fee. (Doc. No. 21). She seeks to argue that I erred in dismissing her claims pursuant
to Federal Rule of Civil Procedure 56. (See Doc. No. 16).
Section 1915 provides “[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.” 28 U.S.C. § 1915(a)(3). A court may grant a
motion to proceed in forma pauperis if the issues are arguable on their merits, even if the petitioner
cannot show a probability of success on the merits. See, e.g., Foster v. Ludwick, 208 F. Supp. 2d 750,
765 (E.D. Mich. 2002). I conclude the issues Booker raises are not frivolous, even if she is unlikely
to succeed on appeal. Further, I conclude she has remedied the lack of clarity as to her financial
status in her original motion. (See Doc. Nos. 19 and 20). Therefore, I grant her motion to proceed
in forma pauperis on appeal. (Doc. No. 21). I deny her first motion, (Doc. No. 19), as moot.
So Ordered.

s/ Jeffrey J. Helmick
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10373426. Public record. Not legal advice.