McBee v. Daniels, et al. (INMATE 3)(LEAD)

Filing 33

ORDER: These cases are now before the court on petitioner's 31 Notice of Appeal, which the court is treating as a Motion to Proceed on Appeal in forma pauperis. It is ORDERED that the petitioner's motion to proceed on appeal in forma pauperis is denied; and that the appeal in these cases is certified, pursuant to 28 U.S.C. § 1915(a)(3), as not taken in good faith. Signed by Honorable Judge Myron H. Thompson on 8/17/2015. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

JERRY RANDOLPH McBEE,
# 105694,
Petitioner,
v.
LEEPOSEY DANIELS, Warden,
and LUTHER STRANGE,
Alabama Attorney General,
Respondents.

JERRY RANDOLPH McBEE,
# 105694,
Petitioner,
v.
LEEPOSEY DANIELS, Warden,
and LUTHER STRANGE,
Alabama Attorney General,
Respondents.

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ORDER

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CIVIL ACTION NO.
1:14cv1230-MHT
(WO)

CIVIL ACTION NO.
1:15cv15-MHT
(WO)

These

cases

are

now

before

the

court

on

petitioner's notice of appeal (doc. no. 31), which the
court is treating as a motion to proceed on appeal in
forma pauperis.
28 U.S.C. § 1915(a)(3) provides that "[a]n appeal
may not be taken in forma pauperis if the trial court
certifies
faith."

in

writing

that

it

is

not

taken

in

good

In making this determination as to good faith,

a court must use an objective standard, such as whether
the appeal is "frivolous," Coppedge v. United States,
369

U.S.

merit."

438,

445

(1962),

or

"has

no

substantive

United States v. Bottoson, 644 F.2d 1174, 1176

(5th Cir. Unit B May 15, 1981) (per curiam), cert.
denied, 454 U.S. 903 (1981); see also Rudolph v. Allen,
666 F.2d 519, 520 (11th Cir. 1982) (per curiam), cert.
denied, 457 U.S. 1122 (1982); Morris v. Ross, 663 F.2d
1032

(11th

(1982).

Cir.

1981),

cert.

denied,

456

U.S.

1010

Applying this standard, this court is of the

opinion that the petitioner's appeal is without a legal
2

or factual basis and, accordingly, is frivolous and not
taken in good faith.

See, e.g., Rudolph v. Allen,

supra; Brown v. Pena, 441 F. Supp. 1382 (S.D. Fla.
1977), aff'd without opinion, 589 F.2d 1113 (5th Cir.
1979).
***
Accordingly, it is ORDERED that the petitioner's
motion
denied;

to

proceed

and

that

on
the

appeal
appeal

in
in

forma

pauperis

these

cases

is
is

certified, pursuant to 28 U.S.C. § 1915(a)(3), as not
taken in good faith.
DONE, this the 17th day of August, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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