Parker v. Dunn, et al. (INMATE 1)

Filing 21

ORDER: This case is now before the court on plaintiff's 18 Notice of Appeal, which the court is treating as a Motion for Leave to Appeal in forma pauperis. It is ORDERED that the plaintiff's 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

SHAQUILLE PARKER,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
JEFFERSON DUNN, et al.,
Defendants.

CIVIL ACTION NO.
2:15cv340-MHT
(WO)

ORDER
This cause is now before the court on plaintiff's
notice of appeal (doc. no. 18), which the court is
treating as a motion to proceed on appeal in forma
pauperis.
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

that
in

the

forma

plaintiff's
pauperis

is

denied; and that the appeal in this cause is certified,
2

pursuant to 28 U.S.C. § 1915(a), as not taken in good
faith.
DONE, this the 17th day of August, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE