Malloy v. County of Montgomery, Alabama et al (INMATE 1)
ORDER: This cause is now before the court on the plaintiff's 25 Notice of Appeal, 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; 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 11/22/2017. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ARTHUR BRENNAN MALLOY,
COUNTY OF MONTGOMERY,
ALABAMA, et al.,
CIVIL ACTION NO.
plaintiff's notice of appeal (doc. no. 25), which the
court is treating as a motion to proceed on appeal in
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); see also
Rudolph v. Allen, 666 F.2d 519, 520 (11th Cir. 1982)
(per curiam); Morris v. Ross, 663 F.2d 1032 (11th Cir.
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 22nd day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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