Johnson v. Myers et al (INMATE 3)
Filing
42
ORDER: This cause is now before the court on the petitioner's notice of appeal (doc. no. [37), 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 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 7/11/2017. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALVIN JAMES JOHNSON,
)
)
)
)
)
)
)
)
)
Petitioner,
v.
WALTER MYERS, et al.,
Respondents.
CIVIL ACTION NO.
2:14cv1127-MHT
(WO)
ORDER
This
cause
is
now
before
the
court
on
the
petitioner's notice of appeal (doc. no. 37), 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); 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).
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 11th day of July, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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