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, )
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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