Youngblood v. Alabama Department of Corrections, et al. (INMATE 1)

Filing 65

ORDER that plaintiff's 60 Motion to Proceed on Appeal in forma pauperis 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), as not taken in good faith.Signed by Honorable Judge Myron H. Thompson on 8/7/2015. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION GARY W. YOUNGBLOOD 263709, ) ) Plaintiff, ) ) v. ) ) ALA. DEPT. OF CORRECTIONS, ) et al., ) ) Defendants. ) CIVIL ACTION NO. 2:15cv214-MHT (WO) ORDER This cause is now before the court on plaintiff's motion to proceed on appeal in forma pauperis (doc. no. 60). 28 U.S.C. § 1915(a) provides that, "An appeal may not be taken certifies faith." in in forma writing pauperis that it is if the not trial taken in court 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. 438, 445 (1962), or "has no substantive merit." 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, for the reasons stated in the recommendation of the magistrate judge, that the plaintiff'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, motion to it proceed is on ORDERED appeal 2 that in the forma plaintiff's pauperis is denied; and that the appeal in this cause is certified, pursuant to 28 U.S.C. § 1915(a), as not taken in good faith. DONE, this the 7th day of August, 2015. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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