Nelms v. Chase Bank USA, NA et al

Filing 29

ORDER that appellant Keith A. Nelm's 25 Motion to Proceed on Appeal in forma pauperis is denied as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 10/23/2018. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
IN RE:

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KEITH A. NELMS,
Debtor.
KEITH A. NELMS,
Appellant,
v.
CHASE BANK USA, NA,
and JP MORGAN CHASE
BANK, NA,
Appellees.

CIVIL ACTION NO.
2:14cv927-MHT
(WO)

ORDER
This cause is now before the court on appellant
Keith A. Nelms’s motion for leave to appeal in forma
pauperis (doc. no. 25).
28 U.S.C. § 1915(a)(3) provides that, "An 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); see also
Rudolph v. Allen, 666 F.2d 519, 520 (11th Cir. 1982)
(per curiam); Morris v. Ross, 663 F.2d 1032 (11th Cir.
1981).
Federal Rule of Appellate Procedure 24 sets forth
the procedure for obtaining leave to appeal in forma
pauperis.

It states:

“(1) Motion in the District Court. Except as
stated in Rule 24(a)(3), a party to a
district-court action who desires to appeal in
forma pauperis must file a motion in the
district court. The party must attach an
affidavit that:
(A) shows in the detail prescribed by Form
4 of the Appendix of Forms the party's
inability to pay or to give security for
fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that
intends to present on appeal.”
2

the

party

Fed. R. App. P. 24.
affidavit
stating

the

appeal.
cannot

claiming
issues

Nelms has failed to attach an
an

entitlement

that

he

to

intends

to

redress

and

present

on

Without a statement of the issues, the court
assess

whether

his

appeal

is

taken

in

good

faith.

***
Accordingly, it is ORDERED that appellant Keith A.
Nelms’s motion to proceed on appeal in forma pauperis
is denied.
DONE, this the 23rd day of October, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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