Phillips v. Jones et al (INMATE 1)

Filing 64

ORDER: For the reasons stated in the 55 Recommendation of the Magistrate Judge, to which there was no objection and which was adopted as the court's 56 Order, Plaintiff's appeal is without a legal or factual basis, has no substantiv e merit, and is frivolous for purposes of the IFP motion. Therefore, it is ORDERED that Plaintiff's 61 Motion for Leave to Appeal in forma pauperis is DENIED. Signed by Honorable Judge William Keith Watkins on 6/25/2019. Furnished Appeals Clerk. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BYRON RAY PHILLIPS,
Plaintiff,
v.
KARLA JONES, et al.,
Defendants.
BYRON RAY PHILLIPS,
Plaintiff,
v.
KARLA JONES, et al.,
Defendants.

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CASE NO. 2:15-CV-740-WKW
[WO]

CASE NO. 2:16-CV-109-WKW
[WO]

ORDER
Before the court is Plaintiff’s motion for leave to appeal in forma pauperis.
(Doc. # 61.) Two requirements must be met before such a motion may be granted.
First, the prisoner must demonstrate, by affidavit and a certified copy of his prison
trust fund account, that he is financially unable to pay fees and costs.

28

U.S.C. § 1915(a)(1)–(2). Second, notwithstanding a finding of economic eligibility,

he may not appeal in forma pauperis if the trial court certifies in writing that the
appeal is not taken in good faith. 28 U.S.C. § 1915(a)(3).
An objective standard is used in determining whether an appeal is taken in
good faith, and good faith is shown when a party seeks appellate review of an issue
that is not frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962). An
appeal of an issue is “frivolous” when “it has no substantive merit.” United States
v. Bottoson, 644 F.2d 1174, 1176 (5th Cir. Unit B May 1981).1
For the reasons stated in the Recommendation of the Magistrate Judge (Doc.
# 55), to which there was no objection and which was adopted as the court’s order
(Doc. # 56), Plaintiff’s appeal is without a legal or factual basis, has no substantive
merit, and is frivolous for purposes of the IFP motion.
Therefore, it is ORDERED that Plaintiff’s motion for leave to appeal in forma
pauperis (Doc. # 61) is DENIED.
DONE this 25th day of June, 2019.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE

1

In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc), the Eleventh
Circuit adopted as binding precedent all of the decisions of the former Fifth Circuit handed down
prior to the close of business on September 30, 1981.