Chambers v. Jones et al (INMATE 3)
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, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
DEWAYNE B. CHAMBERS,
KARLA JONES and LUTHER
CIVIL ACTION NO.
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
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,
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
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.
Accordingly, it is ORDERED that the petitioner's
denied; and that the appeal in this cause is certified,
pursuant to 28 U.S.C. § 1915(a)(3), as not taken in
DONE, this the 27th day of May, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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