Jacoby v. Jones et al (INMATE 2)
Filing
44
ORDER: This cause is now before the court on plaintiff's notice of appeal (doc. no. 42 ), which the court is treating as a motion to proceed on 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 10/26/2018. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
BRENT JACOBY,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
DR. PEASANT,
Defendant.
CIVIL ACTION NO.
2:15cv461-MHT
(WO)
ORDER
This cause is now before the court on plaintiff's
notice of appeal (doc. no. 42), 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.
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, for the reasons stated in the recommendation
of
the
magistrate
judge
(doc.
no.
29),
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,
pursuant to 28 U.S.C. § 1915(a), as not taken in good
faith.
DONE, this the 26th day of October, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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