McCormick v. Gordy et al (INMATE 3)

Filing 117

ORDER that petitioner's 115 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)(3), as not taken in good faith. Signed by Honorable Judge Myron H. Thompson on 10/3/2019. Furnished Appeals Clerk. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

SAMUEL ALLAN McCORMICK,

)
)
Petitioner,
)
)
v.
)
)
CHRISTOPHER GORDY, Warden, )
Limestone Correctional
)
Facility, et al.,
)
)
Respondents.
)

CIVIL ACTION NO.
2:16cv786-MHT
(WO)

ORDER
This

cause

petitioner's

is

motion

now
to

before
proceed

the
on

court

appeal

on
in

the
forma

pauperis (doc. no. 115).
28 U.S.C. § 1915(a)(3) provides that "[a]n appeal
may not be taken in forma pauperis if the trial court
certifies
faith."

in

writing

that

it

is

not

taken

in

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 that the petitioner'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, it is ORDERED that the petitioner'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)(3), as not taken in
good faith.
DONE, this the 3rd day of October, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE