Youngblood v. Alabama Department of Corrections, et al. (INMATE 1)
ORDER that plaintiff's 67 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), as not taken in good faith. Signed by Honorable Judge Myron H. Thompson on 8/17/2015. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
GARY W. YOUNGBLOOD 263709, )
ALA. DEPT. OF CORRECTIONS, )
CIVIL ACTION NO.
This cause is now before the court on plaintiff's
motion to proceed on appeal in forma pauperis (doc. no.
28 U.S.C. § 1915(a) provides that, "An appeal may
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,
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
Applying this standard, this court is of the
opinion 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.
denied; and that the appeal in this cause is certified,
pursuant to 28 U.S.C. § 1915(a), as not taken in good
DONE, this the 17th day of August, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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