Chambers v. Jones et al (INMATE 3)

Filing 22

ORDER that the petitioner's 18 Motion to Proceed on Appeal in forma pauperis is denied as further set out in the order; and that the appeal in this cause 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 5/27/2015. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION DEWAYNE B. CHAMBERS, ) ) ) ) ) ) ) ) ) ) Petitioner, v. KARLA JONES and LUTHER STRANGE, Respondents. CIVIL ACTION NO. 1:15cv101-MHT (WO) ORDER This cause petitioner’s is motion now to before proceed the on court appeal on in the forma pauperis (doc. no. 18). 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 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 to proceed on appeal in forma pauperis is denied; and that the appeal in this cause is certified, pursuant to 28 U.S.C. § 1915(a)(3), as not taken in good faith. DONE, this the 27th day of May, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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