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, )
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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